EX PARTE LARRY JAMES HORTON (Other)

State: Texas

Docket No: WR-75,053-01

Case Date: 12/15/2010

Plaintiff: Michael Hurtado

Defendant: The State of Texas--Appeal from 290th Judicial District Court of Bexar County

Preview:Michael Hurtado v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-07-00483-CR Michael HURTADO, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-2194-C Honorable Sharon MacRae, Judge Presiding PER CURIAM

Sitting: Alma L. L pez, Chief Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice

Delivered and Filed: August 22, 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). Appellant's counsel filed written notice with this court that counsel 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 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PER CURIAM Do Not Publish

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