Jerry Larone Ervin v. The State of Texas--Appeal from 178th District Court of Harris County

MEMORANDUM OPINION
Nos. 04-03-00273-CR & 04-03-00274-CR
Jerry Larone ERVIN,
Appellant
v.
The STATE of Texas,
Appellee
From the 178th Judicial District Court, Harris County, Texas
Trial Court Nos. 917360 & 883366
Honorable William Harmon, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: July 2, 2003

DISMISSED

The trial court's certification in these appeals states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's records contain 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 trial court's certification accurately reflects that the underlying cases are plea-bargain cases. See Tex. R. App. P. 25.2(a)(2).

Rule 25.2(d) of the Texas Rules of Appellate procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex. R. App. P. 25.2(d). On May 13, 2003, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless an amended trial court certification showing that the appellant has the right of appeal was made part of the appellate record by June 11, 2003. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, No. 04-03-00176-CR, 2003 WL 21011277 (Tex. App.--San Antonio May 7, 2003, no pet. h.). No response was filed. In the absence of an amended trial court certification showing that the appellant has the right of appeal, rule 25.2(d) requires this court to dismiss these appeals. Accordingly, the appeals are dismissed.

PER CURIAM

DO NOT PUBLISH