Raymond Ezell v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION
Nos. 04-04-00034-CR & 04-04-00035-CR
Raymond EZELL,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2003-CR-6094 & 2003-CR-7951W
Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: April 7, 2004

DISMISSED

The trial court's certifications in these appeals state 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 certifications accurately reflect 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 February 19, 2004, we ordered that these appeals would be dismissed pursuant to rule 25.2(d) unless amended trial court certifications showing that the appellant has the right of appeal were made part of the appellate record by March 20, 2004. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State,100 S.W.3d 174 (Tex. App.--San Antonio 2003, no pet.). No response has been filed. In the absence of amended trial court certifications 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DO NOT PUBLISH