Jimmy Rivira (Rivera) v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00419-CR
Jimmy RIVIRA (Rivera),
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-1933
Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 29, 2003

APPEAL DISMISSED

Jimmy Rivira ("Rivira") appealed his conviction for assault on a public servant. On May 2, 2003, the trial found Rivira guilty and sentenced him to five years incarceration and a fine of $1,000. The trial court also ordered Rivira to participate in a state boot camp. See Tex. Code Crim. Proc. Ann. art. 42.12, 8 (Vernon Supp. 2003).

The trial court's certification in this appeal states that "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 by the trial court does not exceed the punishment recommended by the prosecutor and agreed to by appellant; therefore, the trial court's certification appears to accurately reflect that the underlying case is a plea-bargain case. See Tex. R. App. P. 25.2(a)(2).

Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he 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 July 14, 2003, we ordered that this appeal would be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended trial court certification showing that Rivira had the right of appeal was made part of the appellate record by August 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, order). An amended certification that shows Rivira has the right of appeal has not been filed. Therefore, we dismiss the appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

Do Not Publish