Alfred Lee Luna v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00192-CR

Alfred Lee LUNA,

Appellant

v.

The STATE of Texas,

Appellee

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

Trial Court No. 2003-CR-4764

Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: July 27, 2005

DISMISSED

On May 18, 2005, this court issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of appeal was made part of the appellate record on or before June 16, 2005. See Tex. R. App. P. 25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App. San Antonio 2003, order). No amended trial court certification showing appellant has the right to appeal has been filed. Appellant responded to our order by filing a motion seeking this court s permission to appeal.

The trial court s certification contained in the record states this criminal case is a plea-bargain case, and the defendant has NO right of appeal. The clerk s record contains a written plea bargain agreement, and establishes that the punishment assessed by the court did 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). As part of his plea bargain, appellant waived this limited right of appeal. Therefore, he may not appeal without the consent of the trial court. See Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003). The clerk s record does not indicate the trial court gave appellant permission to appeal; to the contrary, the record supports the trial court s certification that defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Accordingly, appellant s motion seeking permission to appeal is denied, and this appeal is dismissed. See Tex. R. App. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH