Opinion
No. 04-04-00900-CR
Delivered and Filed: June 22, 2005. DO NOT PUBLISH.
Appeal from the 290th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-4650, Honorable Sharon MacRae, Judge Presiding. Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On April 15, 2005, we ordered appellant to respond on or before May 16, 2005, and show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under Tex.R.App.P. 25.2(d). 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); 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex.App.-San Antonio 2003, pet. filed).