Contreras v. State

Full title: Fernando CONTRERAS, Appellant v. The STATE of Texas, Appellee

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Mar 17, 2004

No. 04-03-00940-CR (Tex. App. Mar. 17, 2004)

Opinion

No. 04-03-00940-CR.

Delivered and Filed: March 17, 2004. DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2003-CR-2018, Honorable Philip A. Kazen, Judge Presiding. Dismissed.

Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.

MEMORANDUM OPINION

PER CURIAM.

Pursuant to a plea bargain agreement, appellant, Fernando Contreras, pled nolo contendere to aggravated sexual assault of a child. On December 15, 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 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 25.2(e). Appellant filed a pro se notice of appeal in which he asserts the trial court granted him permission to appeal. Nothing in the record supports appellant's contention that he was granted permission to appeal. 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 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." 25.2(d). Accordingly, on February 10, 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); 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.