Walberto Huerta Garcia v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00730-CR
Walberto GARCIA,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-7999
Honorable Mark R. Luitjen, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: December 17, 2003

APPEAL DISMISSED

Pursuant to a plea bargain agreement, Walberto Garcia ("Garcia"), entered a plea of nolo contendere to indecency with a child. The trial court imposed sentence on September 4, 2003. Garcia appealed his conviction.

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 Garcia; 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 October 21, 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 Garcia had the right of appeal was made part of the appellate record by November 20, 2003. See Tex. R. App. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.--San Antonio 2003, order). An amended certification that shows Garcia 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Do Not Publish