Ernest Ortiz, Jr. v. The State of Texas--Appeal from 186th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00120-CR
Ernest ORTIZ, Jr.,
Appellant
v.
STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-6940W
Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 6, 2004

DISMISSED

Appellant Ernest Ortiz, Jr. pled nolo contendere to DWI-Third Offense and was sentenced within the terms of a plea bargain. He timely filed a general notice of appeal. The trial court's Certification of Defendant's Right of Appeal states: (1) "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 did not exceed the punishment recommended by the prosecutor and agreed to by Ortiz; therefore, the trial court's certification accurately reflects that the criminal case is a plea-bargain case. See Tex. R. App. P. 25.2(a)(2).

"In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). The clerk's record does not contain a written motion ruled on before trial nor does it indicate the trial court granted Ortiz 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 June 17, 2004, we gave Ortiz notice that the appeal would be dismissed unless an amended certification showing he has the right to appeal had been made part of the record by July 19, 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 Ortiz 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Do Not Publish