Opinion
04-23-01029-CR
01-17-2024
Lakeesha JOHNSON CHERRY, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR9657 Honorable Christine Del Prado, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice.
Not participating.
MEMORANDUM OPINION
PER CURIAM
Appellant pled nolo contendre to burglary of a habitation-force and was sentenced within the terms of a plea bargain. Appellant filed a pro se notice of appeal. The trial court's Certification of Defendant's Right of Appeal states 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." Tex.R.App.P. 25.2(a)(2).
The clerk's record contains a written plea bargain and a written waiver of appeal, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by appellant; therefore, the trial court's certification accurately reflects that appellant's case is a plea bargain case and appellant does not have a right of appeal. See Tex. R. App. P. 25.2(a)(2).
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." Tex.R.App.P. 25.2(d). We issued an order stating this appeal would be dismissed unless an amended trial court certification was made part of the appellate record by January 3, 2024. See Tex. R. App. P. 25.2(d); Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, no pet.). Appellant filed no response to our order, and no amended trial court certification was made part of the appellate record. Accordingly, this appeal is dismissed pursuant to Rule 25.2(d).
DISMISSED.