Opinion
No. 04-08-00023-CR
Delivered and Filed: April 9, 2008. DO NOT PUBLISH
Appeal From the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-9557, Honorable Philip A. Kazen, Jr., Judge Presiding. Dismissed
Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
Defendant Dennis Dilworth pleaded nolo contendere to injury to an elderly person, and was sentenced within the terms of a plea bargain. Defendant timely filed a general notice of appeal. The trial court's Certification of Defendant's Right of Appeal states: "the defendant has waived the right of appeal" and that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). The clerk's record contains a written plea bargain and a written waiver of appeal, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by defendant; therefore, the trial court's certification accurately reflects that defendant waived his right to appeal and that defendant's case is a plea bargain case and defendant does not have a right of appeal. See Tex. R. App. P. 25.2(a)(2). "In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). The clerk's record does not contain a written motion ruled on before trial nor does it indicate the trial court granted defendant permission to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made a part of the record." Tex. R. App. P. 25.2(d). Accordingly, on February 22, 2008, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record. See Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, order); Tex. R. App. P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.