David Wayne Smith v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-08-00204-CR
David Wayne SMITH,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. No. 2007-CR-6639
Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: April 30, 2008

 

DISMISSED FOR LACK OF JURISDICTION

Pursuant to a plea-bargain agreement, David Wayne Smith ("Smith") pled nolo contendere to the offense of Theft of a Vehicle $1,500 to $20,000 and was sentenced within the terms of a plea bargain. On March 10, 2008, the trial court signed a certification of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). After Smith filed a notice of appeal, the trial court clerk sent copies of the certification and notice of appeal to this court. See id. 25.2 (e). Accordingly, this court suspended the appellate deadlines to allow for an amended trial court certification to be filed. However, appellant's counsel on appeal, Angela J. Moore, has since filed a letter advising this court that after reviewing the electronic judicial records in this case, Smith has no right to appeal.

Accordingly, this appeal is dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d). See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.--San Antonio 2003, order).

PER CURIAM

DO NOT PUBLISH