Opinion
No. 08-05-00263-CR
October 13, 2005. DO NOT PUBLISH.
Appeal from the 383rd District Court of El Paso County, Texas, (Tc# 20000D00593).
Before BARAJAS, C.J., McCLURE, and CHEW, JJ.
OPINION
Appellant Samuel Lee Hill attempts to appeal from an original sentence of community supervision with adjudication of guilt deferred entered in May of 2000. Pursuant to a plea-bargain, Appellant pled guilty to five counts of assault with a deadly weapon. The trial court assessed punishment at 10 years community supervision with adjudication of guilt deferred, 600 hours of community service, and a fine of $1,000 ($500 probated). In November 2004, the State filed a motion to adjudicate guilt. The trial court granted the State's motion and assessed punishment at 20 years confinement in the Institutional Division of the Texas Department of Criminal Justice. Finding that Appellant has not complied with Rule 25.2 of the Texas Rules of Appellate Procedure, we dismiss the appeal. Rule 25.2 governs the defendant's right to appeal in a criminal case. This rule provides in part:
A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case — that is, a case in which defendant's plea is guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant — 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 rule also provides the following:
(d) Certification of Defendant's Rights of Appeal. If the defendant is the appellant, the record must include the trial court's certification of the defendant's right of appeal under Rule 25.2(a)(2). The certification should be part of the record when notice is filed, but may be added by timely amendment or supplementation under this rule or Rule 34.5(c)(1) or Rule 37.1 or by order of the appellate court under Rule 34.5(c)(2). 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). Appellant's notice of appeal did not include a signed and dated Rule 25.2(a)(2) trial certification form. On August 4, 2005, we ordered the trial court to certify whether or not Appellant had the right of appeal. The District Clerk of El Paso County prepared and filed a supplemental clerks's record which contained the certification wherein the trial court denied Appellant's right of appeal. In a case where a defendant pleads guilty and the punishment does not exceed that recommended by the prosecutor and agreed to by the defendant, a defendant may only appeal after getting the trial court's permission. See TEX.R.APP.P. 25.2(a)(2). Accordingly, this appeal is dismissed for want of jurisdiction.