Opinion
No. 04-04-00121-CR.
Delivered and Filed: May 5, 2004. DO NOT PUBLISH.
Appeal from the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-5686, Honorable Mary Roman, Judge Presiding. Dismissed.
Sitting Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan Marion, Justice.
MEMORANDUM OPINION
Chriss Michael West pled nolo contendere to aggravated assault with a deadly weapon pursuant to a plea bargain agreement. The trial court imposed sentence in accordance with the agreement and signed a certificate stating that this "is a plea-bargain case, and the defendant has NO right of appeal" and "the defendant has waived the right of appeal." See Tex.R.App.P. 25.2(a)(2). West timely filed a pro se notice of appeal. The trial court's Rule 25.2(a)(2) certification has been filed in this court. See Tex.R.App.P. 25.2(d). The clerk's record, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. Ordinarily, "[i]n 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). However, as part of his plea bargain, West signed a waiver of this limited right of appeal. He therefore may not appeal without the consent of the trial court. See Monreal v. State, 99 S.W.3d 615 (Tex.Crim.App. 2003). The clerk's record does not indicate the trial court gave West permission to appeal. The certification therefore accurately reflects that this is a plea bargain case, West does not have a right to appeal, and West waived any limited right to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Tex.R.App.P. 25.2(d). On March 10, 2004, we gave West notice that the appeal would be dismissed unless written consent to appeal and an amended certification showing West has the right to appeal were signed by the trial judge and made part of the appellate record by April 12, 2004. See Tex.R.App.P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. filed) (not designated for publication). Neither written permission to appeal nor an amended certification showing West has the right to appeal has been filed. We therefore dismiss this appeal. Tex.R.App.P. 25.2(d).
We also note that the clerk's record does not include any written motions that were ruled upon before trial.