Anthony Isaac Litofsky v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00239-CR
Anthony LITOFSKY,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-0852
Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 6, 2003

APPEAL DISMISSED

Anthony Litofsky entered a plea of nolo contendere to the offense of aggravated sexual assault of a child. He was found guilty by the trial court and sentenced to fifteen years confinement. The trial court signed a certificate of defendant's right of appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." Litofsky filed a general notice of appeal. The clerk's record containing the trial court's Rule 25.2(a)(2) certification has been filed. Tex. R. App. P. 25.2(d).

The clerk's record in each case, which contains a written plea bargain, establishes the punishment assessed by the trial court does not exceed the punishment recommended by the prosecutor and agreed to by Litofsky; therefore, the trial court's certification accurately reflects that the underlying case is a plea bargain case. See Tex. R. App. P. 25.2(a)(2).

On May 9, 2003, we gave Litofsky notice that the appeal would be dismissed unless an amended trial court certification showing he had the right to appeal was made part of the appellate record by June 10, 2003. See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, No. 04-03-00176-CR, 2003 WL 21011277 (Tex. App.--San Antonio May 7, 2003, order). On June 13, 2003, Litofsky informed this court that he had requested the trial court to amend the certification, but that the trial court denied his request after reviewing the record. An amended certification showing Litofsky has the right of appeal has not been filed. We therefore dismiss the appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

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