Opinion
No. 04-03-00290-CR.
Delivered and Filed: August 29, 2003. DO NOT PUBLISH.
Appeal From the 25th Judicial District Court, Guadalupe County, Texas, Trial Court No. 01-0841-CR, Honorable Dwight E. Peschel, Judge Presiding. Dismissed.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
The trial court signed a certification of defendant's right to appeal in this case 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)."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." Id. 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 appellant that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that appellant had the right to appeal was made part of the appellate record by August 8, 2003. See Tex.R.App.P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, order). No such amended trial court certification has been filed. This appeal is, therefore, dismissed pursuant to rule 25.2(d).