Opinion
No. 08-07-00342-CR
January 31, 2008. DO NOT PUBLISH.
Appeal from the 168th Judicial District Court of El Paso County, Texas (TC# 20070D02844).
Before CHEW, C.J., McCLURE, and CARR, JJ.
MEMORANDUM OPINION
Salvador Terrazas attempts to appeal a conviction for aggravated sexual assault of a child, and indecency with a child. Finding that Appellant has no right of appeal, we dismiss the appeal. Rule 25.2(a)(2) governs the defendant's right to appeal in a criminal case:
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 each time it enters a judgment of guilt or other appealable order. In a plea bargain case — that is, a case in which a defendant's plea was 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 mattes 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). Appellant filed a timely notice of appeal and the trial court's certification of the defendant's right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The trial court's certification reflects that the appeal, "is a plea-bargain case, and the defendant has NO right of appeal." The certification also reflects that Appellant waived the right of appeal. By letter dated December 13, 2007, the clerk of this Court notified Appellant that the certification indicated that he had no right of appeal in this case and requested a response. Appellant has not responded to the Court's notice. Based on the trial court's certification that Appellant has no right of appeal in this case, we dismiss the appeal.