Julius Charles Steen v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00320-CR
Julius Charles STEEN,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 1996-CR-5255-D
Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 16, 2003

APPEAL DISMISSED

Appellant, Julius Charles Steen, entered a plea of guilty to the offense of aggravated robbery and was found guilty by the trial court. The trial court imposed a life sentence on March 24, 2003 and signed a certificate of defendant's right of appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." Steen filed a notice of appeal on April 23, 2003 indicating that permission to appeal was denied by the trial court. The clerk's record containing the trial court's Rule 25.2(a)(2) certification has been filed. 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 Steen; therefore, the trial court's certification accurately reflects that the underlying case is a plea-bargain case. See Tex. R. App. P. 25.2(a)(2). On May 13, 2003, we gave Steen notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal was made part of the appellate record by June 10, 2003. See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, No. 04-03-00176-CR, 2003 WL 21011277 (Tex. App.--San Antonio May 7, 2003, order). An amended certification showing Steen has the right to appeal has not been filed. We therefore dismiss the appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH