Opinion
Nos. 04-03-00842-CR, 04-03-00843-CR.
Delivered and Filed: January 28, 2004. DO NOT PUBLISH.
Appeal from the 175th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2003-CR-6125 2003-CR-6444, Honorable Mary Román, Judge Presiding. Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Paul W. GREEN, Justice.
MEMORANDUM OPINION
The trial court's certification in these appeals state that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's records contain written plea bargains, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court's certifications accurately reflect that the underlying cases are plea-bargain cases. See Tex.R.App.P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex.R.App.P. 25.2(d). On December 4, 2003, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless appellant caused amended trial court certifications to be filed by January 2, 2004, showing that the appellant has the right of appeal. See Tex.R.App.P. 25.2(d); 37.1; see also Daniels v. State, 100 S.W.3d 174 (Tex.App.-San Antonio 2003, no pet.). No response was filed. In the absence of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.