Opinion
No. 04-03-00870-CR.
Delivered and Filed: March 31, 2004. DO NOT PUBLISH.
Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 1999-CR-6322-a, Honorable Philip A. Kazen, Jr., Judge Presiding. Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, and Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant, Clifton Alan Cloer, pled nolo contendere to aggravated robbery. On October 23, 2003, the trial court imposed sentence and signed a certification of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal" and "the defendant has waived the right of appeal." See Tex.R.App.P. 25.2(a)(2). After appellant filed his notice of appeal, the court clerk sent copies of the certification and notice of appeal to this court. See Tex.R.App.P. 25.2(e). Appellant filed a pro se notice of appeal contending the substance of his appeal was raised by written motion ruled on before trial. However, the clerk's record does not contain any orders ruling on pre-trial motions and, in his notice of appeal, appellant states his motion to suppress was not ruled on before he agreed to the plea bargain. The clerk's record contains a written plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the appellant; therefore, the trial court's certification accurately reflects that appellant's case is a plea bargain case and he does not have a right of appeal. See Tex.R.App.P. 25.2(a)(2). Rule 25.2(d) provides, "The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules." Tex.R.App.P. 25.2(d). Accordingly, on February 17, 2004, 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. See Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order); Tex.R.App.P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.