James M. Lyle v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00904-CR

James M. LYLE,

Appellant

v.

The STATE of Texas,

Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 2006-CR-6355

Honorable Sharon MacRae, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

Delivered and Filed: January 31, 2007

DISMISSED

James Lyle pleaded nolo contendere to possession of methamphetamine pursuant to a plea bargain agreement. The trial court imposed sentence in accordance with the agreement and signed a certificate stating that this "is a plea-bargain case, and the defendant has NO right of appeal." SeeTex. R. App. P. 25.2(a)(2). Lyle timely filed a notice of appeal. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification, has been filed. See Tex. R. App. P. 25.2(d).

"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, which contains a written plea bargain agreement, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See Tex. R. App. P. 25.2(a)(2). The clerk's record does not include a written motion filed and denied before trial and it reflects the trial court denied permission to appeal. The trial court's certification therefore appears to accurately reflect that this is a plea bargain case and Lyle does not have a right to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." Tex. R. App. P. 25.2(d).

We gave Lyle notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal were made part of the appellate record. See Tex. R. App. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref'd) (not designated for publication). Lyle's appellate counsel has notified this court that she has reviewed the record and can find no right of appeal. Accordingly, we dismiss this appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

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