Jesus Alonzo Garcia v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00478-CR
Jesus Alonzo GARCIA,
Appellant
v.
STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CR-2335W
Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 6, 2004

DISMISSED

Appellant Jesus Alonzo Garcia pled nolo contendere to burglary of a habitation with intent to commit sexual assault and was sentenced within the terms of a plea bargain. Garcia timely filed a general notice of appeal. The trial court's Certification of Defendant's Right of Appeal states: (1) "this is a plea-bargain case, and the defendant has NO right of appeal," and (2) "the defendant has waived the right of appeal." The clerk's record contains a written plea bargain and a written waiver of appeal, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by Garcia; therefore, the trial court's certification accurately reflects that the criminal case is a plea-bargain case and that Garcia waived his right to appeal. See Tex. R. App. P. 25.2(a)(2).

"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 does not contain a written motion ruled on before trial nor does it indicate the trial court granted Garcia permission to appeal. This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made a part of the record." Tex. R. App. P. 25.2(d).

On August 16, 2004, we gave Garcia notice that the appeal would be dismissed unless an amended certification showing he has the right to appeal has been made part of the record by September 15, 2004. See Tex. R. App. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.-San Antonio 2003, interlocutory order) (en banc). An amended certification showing Garcia has the right to appeal has not been filed. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

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