Opinion
No. 04-03-00179-CR
Delivered and Filed: July 2, 2003 DO NOT PUBLISH
Appeal From the 25th Judicial District Court, Guadalupe County, Texas, Trial Court No. 99-1011-CR, Honorable Dwight Peschel, Judge Presiding DISMISSED
Sitting: Alma L. LOPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant, Homer Fores Little, pled guilty to driving while intoxicated. On January 31, 2003, the trial court imposed sentence and 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 appellant filed his notice of appeal, the court clerk sent copies of the certification to this court. See Tex.R.App.P. 25.2(e). Appellant filed a pro se general notice of appeal. See Tex.R.App.P. 25.2(a)(2). The clerk's record contains a written plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the appellant; therefore, the trial court's certification accurately reflects that appellant's case is a plea bargain case and he does not have a right of appeal. See Tex.R.App.P. 25.2(a)(2). Rule 25.2(d) provides, "The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." Tex.R.App.P. 25.2(d). Accordingly, on May 13, 2003, 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, No. 04-03-00176-CR, 2003 WL 21011277 (Tex.App.-San Antonio May 7, 2003, n.p.h.); Tex.R.App.P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.