Opinion
No. 04-05-00267-CR
Delivered and Filed: July 27, 2005. DO NOT PUBLISH.
Appeal from the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-CR-7626, Honorable Mary Roman, Judge Presiding. Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On May 19, 2005, we ordered appellant to respond on or before June 17, 2005, and show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under Tex.R.App.P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex.App.-San Antonio 2003, order). Appellant's attorney filed a response in which he concurred that appellant has no right to appeal. The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certification in the record states "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk's record supports the trial court's certification that defendant has no right of appeal. See Tex.R.App.P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex.R.App.P. 25.2(d).