Joseph Clarisa Sandoval v. State

MEMORANDUM OPINION No. 04-11-00529-CR Joseph Clarisa SANDOVAL, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR6080 Honorable Juanita A. Vasquez-Gardner, Judge Presiding

PER CURIAM Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: August 31, 2011 DISMISSED

The trial court’s certification in this appeal states that the case is a “plea-bargain case, and the defendant has NO right of appeal.” We must dismiss the appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record.” TEX. R. APP. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).

Appellant’s counsel has filed written notice with this court that counsel has reviewed the record and “can find no right of appeal for Appellant.” We construe this notice as an indication that appellant will not seek to file an amended trial court certification showing that appellant has the right of appeal. See TEX. R. APP. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.—San Antonio 2003, no pet.). In light of the record presented, we agree with appellant’s counsel that Rule 25.2(d) requires this court to dismiss this appeal. Accordingly, this appeal is dismissed.

PER CURIAM DO NOT PUBLISH