Noel Angel Moran v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00224-CR

Noel Angel MORAN Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2003CR9313

Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 6, 2005

DISMISSED

Pursuant to a plea-bargain agreement, Noel Angel Moran Jr. pled nolo contendere to aggravated robbery with a deadly weapon and was sentenced to eight years imprisonment and a $1,200.00 fine in accordance with the terms of his plea-bargain agreement. Moran filed a notice of appeal.

The trial court s certification in this appeal states that the defendant has waived the right of appeal. The clerk s record reflects that in his plea-bargain agreement, Moran signed the following Waiver of Appeal :

I understand that upon my plea of guilty or nolo contendere, where punishment does not exceed that recommended by the prosecutor and agreed to by me, my right to appeal will be limited to only: (1) those matters that were raised by written motion filed and ruled on before trial, or (2) other matters on which the trial court gives me permission to appeal. I understand that I have this limited right to appeal. However, as part of my plea-bargain agreement in this case, I knowingly and voluntarily waive my right to appeal under (1) and (2) in exchange for the prosecutor s recommendation, provided that the punishment assessed by the court does not exceed our agreement.

The clerk s record, which contains the plea-bargain agreement, establishes that the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. The trial court s certification, therefore, appears to accurately reflect that this is a plea-bargain case and that Moran has waived his right to appeal. We 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, therefore, warned Moran that this appeal would be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that Moran has the right to appeal was 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); Esparza v. State, No. 04-03-00681-CR, 2003 WL 22899788 (Tex. App. San Antonio Dec. 10, 2003, no pet. h.) (not designated for publication). No such amended certification has been filed.

We, therefore, dismiss this appeal pursuant to rule 25.2(d).

PER CURIAM

Do not publish