Richard Holloman v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00495-CR
Richard HOLLOMAN,
Appellant
v.
STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CR-3632-W
Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: September 29, 2004

DISMISSED

Appellant Richard Holloman pled nolo contendere to possession of a controlled substance. Pursuant to a written plea bargain, the trial court deferred sentencing and placed Holloman on deferred adjudication community supervision for a period of five years, with a fine of $1500.00. After Holloman timely filed a general notice of appeal, the clerk sent copies of the certification and notice of appeal to this court. See Tex. R. App. P. 25.2(d, e). The trial court's certification states that this "is a plea-bargain case, and the defendant has NO right of appeal."

Rule 25.2(a)(2) limits a defendant's right of appeal in plea bargain cases to those matters raised by written motion filed and ruled on before trial or if the defendant has the trial court's permission to appeal. See Tex. R. App. P. 25.2(a)(2); Carroll v. State, 119 S.W.3d 838, 839 (Tex. App.-San Antonio 2003, interlocutory order)(en banc). Rule 25.2(a)(2) also limits an appeal from deferred adjudication if the deferred adjudication arises from a plea bargain or if the defendant is appealing an issue related to his conviction. See Carroll, 119 S.W.3d at 839. (1)

The record shows the trial court's imposition of deferred adjudication arises from a written plea bargain. The trial court's record does not contain a written motion ruled on before trial or the trial court's permission to appeal.

This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made a part of the record." Tex. R. App. P. 25.2(d). On September 9, 2004, we gave Richard Holloman notice that the appeal would be dismissed unless an amended certification showing he has the right to appeal has been made part of the record by September 29, 2004. See Tex. R. App. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.-San Antonio 2003, interlocutory order) (en banc). An amended certification showing Holloman has the right to appeal has not been filed. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

Do Not Publish

1. "Conversely, Rule 25.2(a)(2) does not apply when the defendant appeals issues unrelated to [the] conviction." Id. (citing Kirtley v. State, 56 S.W.3d 48, 51-52 (Tex. Crim. App. 2001) and Vidaurri v. State, 49 S.W.3d 880, 884-85 (Tex. Crim. App. 2001)). Holloman's community supervision has not been revoked; therefore, we are not yet concerned with the limited right of appeal allowed with respect to possible sentencing errors.