Opinion
No. 04-06-00674-CR.
Delivered and Filed: December 27, 2006. DO NOT PUBLISH.
Appeal from the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-5004B, Honorable Juanita Vasquez-Gardner, Judge Presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
On November 8, 2006, 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 on or before December 8, 2006. See Tex. R. App. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex.App.-San Antonio 2003, order). Appellant did not respond. The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certification in the record states "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk's record supports the trial court's certification that defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d).