Opinion
No. 04-04-00042-CR.
Delivered and Filed: April 7, 2004. DO NOT PUBLISH.
Appeal from the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2003-CR-6037, Honorable Mark R. Luitjen, Judge Presiding. Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On February 19, 2004, we ordered appellant to respond on or before March 19, 2004, 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). Appellant did not respond. 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); 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.-San Antonio 2003, pet. filed).