John Washington v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00199-CR
John WASHINGTON,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-7332
Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: June 6, 2007

 

DISMISSED

John Washington pleaded guilty pursuant to a plea bargain agreement to possession with intent to deliver more than four but less than two hundred grams of cocaine. As part of his plea-bargain, Washington signed a separate "Waiver of Appeal." 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." and "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2). Washington timely filed a pro se notice of appeal and the trial court appointed appellate counsel. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See Tex. R. App. P. 25.2(d).

The clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. Ordinarily, "[i]n 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). However, as part of his plea bargain, Washington waived this limited right of appeal. See Willis v. State, 121 S.W.3d 400, 403 (Tex. Crim. App. 2003). He therefore may not appeal without the consent of the trial court. See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003). The clerk's record does not indicate the trial court gave Washington permission to appeal. The trial court's certification therefore appears to accurately reflect that this is a plea bargain case, Washington does not have a right to appeal, and has waived any limited 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).

On April 18, 2007, we gave Washington notice that the appeal would be dismissed unless written consent to appeal and an amended certification showing he has the right to appeal were signed by the trial judge and made part of the appellate record by May 18, 2007. 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). Neither written permission to appeal nor an amended certification showing Washington has the right to appeal has been filed. We therefore dismiss this appeal.

PER CURIAM

Do not publish