Bruce D. Atherton & Associates, P.L.L.C., and Bruce D. Atherton v. William Cordes--Appeal from 155th District Court of Fayette County

State: Texas

Court: Criminal Court of Appeals

Docket No: 03-10-00669-CV

Case Date: 04/15/2011

Plaintiff: Randall Scott Gaydos

Defendant: The State of Texas--Appeal from 399th Judicial District Court of Bexar County

Preview:Randall Scott Gaydos v. The State of Texas--Appeal
from 399th Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-07-00201-CR
Randall Scott GAYDOS,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-0693W
Honorable Juanita Vasquez-Gardner, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: April 18, 2007
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." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he appeal must be dismissed if a
certification that shows the defendant has a right of appeal has not been made part of the record under these rules."
Tex. R. App. P. 25.2(d). On April 5, 2007, appellant's appellate counsel notified this court that appellant does not have
a right to appeal in this case. Counsel further indicated that appellant would not file an amended trial court certification
showing that he 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Do Not Publish
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