Opinion
No. 04-03-00838-CR.
Delivered and Filed: February 18, 2004. DO NOT PUBLISH.
Appeal from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-7749W, Honorable Sid L. Harle, Judge Presiding. Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
Roland Caballero pled guilty to an offense pursuant to a plea bargain agreement. The trial court imposed sentence in accordance with the agreement and signed a certificate 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). Caballero timely filed a general pro se general notice of appeal. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification, has been filed. See Tex.R.App.P. 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 Tex.R.App.P. 25.2(a)(2). The clerk's record does not include a written motion filed and ruled upon before trial; and the judgment reflects the trial court denied permission to appeal. The trial court's certification therefore appears to accurately reflect that this is a plea bargain case and Caballero does not have a right to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Tex.R.App.P. 25.2(d). On December 24, 2003, we gave Caballero notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by January 23, 2004. See Tex.R.App.P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex.App.-San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. filed) (not designated for publication). An amended certification showing Caballero has the right to appeal has not been filed. We therefore dismiss this appeal. Tex.R.App.P. 25.2(d).