Opinion
No. 04-03-00201-CR
Delivered and Filed: July 2, 2003 Do not publish
Appeal From the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-8251, Honorable Juanita Vasquez-Gardner, Judge Presiding DISMISSED
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Pursuant to a plea-bargain agreement, Sylvia G. Martinez pled guilty to prostitution and was sentenced to four years imprisonment and a $1000 fine in accordance with the terms of her plea-bargain agreement. On March 13, 2003, 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 Martinez timely 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). The clerk's record, which includes the trial court's rule 25.2(a)(2) certification, has been filed. See id. 25.2(d). "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, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. 25.2(a)(2). The clerk's record does not include a written motion filed and ruled upon before trial; nor does it indicate that the trial court gave Martinez permission to appeal. The trial court's certification, therefore, appears to accurately reflect that this is a plea-bargain case and that Martinez does not have a right to appeal. We must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Id. 25.2(d). We, therefore, warned Martinez that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that she had the right to appeal was made part of the appellate record by June 12, 2003. See Tex.R.App.P. 25.2(d), 37.1; Daniels v. State, No. 04-03-00176-CR, 2003 WL 21011277 (Tex.App.-San Antonio May 7, 2003, order). No such amended trial court certification has been filed. This appeal is, therefore, dismissed pursuant to rule 25.2(d).