Opinion
No. 04-04-00350-CR
Delivered and Filed: October 6, 2004. DO NOT PUBLISH.
Appeal from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-4338, Honorable Sid Harle, Judge Presiding. Dismissed.
Sitting: Paul W. GREEN, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
Appellant Lance Thamm pled nolo contendere to the charge of Injury to a Child-Reckless-Bodily Injury and was sentenced within the terms of a plea bargain. Appellant timely filed a general notice of appeal. The Trial Court's Certification of Defendant's Right of Appeal states: (1) "this 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 Thamm; therefore, the trial court's certification accurately reflects that the criminal case is a plea-bargain case. See Tex.R.App.P. 25.2(a)(2). "In a plea bargain case . . . 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 clerk's record does not contain a written motion ruled on before trial nor does it indicate the trial court granted Thamm permission to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made a part of the record." Tex.R.App.P. 25.2(d). On July 16, 2004, we gave Thamm notice that the appeal would be dismissed unless an amended certification showing he has the right to appeal had been made part of the record by August 16, 2004. See Tex.R.App.P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174, 177 (Tex.App.-San Antonio 2003, interlocutory order) (en banc). An amended certification showing Thamm has the right to appeal has not been filed. We therefore dismiss this appeal. Tex.R.App.P. 25.2(d).