Donna Bass a/k/a Donna Obregon v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00584-CR
Donna BASS a/k/a Donna Obregon,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-4608
Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: December 22, 2004

DISMISSED

On October 5, 2004, we ordered appellant to respond on or before October 30, 2004, and show cause why her appeal should not be dismissed for failure to file a certification of her right to appeal under Tex. R. App. P. 25.2(d). Appellant did not respond. The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, 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 the defendant; therefore, the clerk's record supports the trial court's certification that defendant 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).

PER CURIAM

DO NOT PUBLISH