Angelo R. Martinez v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00448-CR
Angelo MARTINEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CR-4061-W
Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 3, 2004

DISMISSED

We ordered appellant to show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under Tex. R. App. P. 25.2(d). Appellant responded by filing a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). No amended certification showing that appellant has the right of appeal has been filed. The trial court certification in the record states "this criminal case 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 appellant; therefore, the clerk's record supports the trial court's certification that appellant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.--San Antonio 2003, pet. filed). We do not consider the Anders brief, and counsel's motion to withdraw is denied as moot.

PER CURIAM

DO NOT PUBLISH