Tony Marvin Riddle v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00267-CR

Tony Marvin RIDDLE,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CR-7626

Honorable Mary Roman, 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 19, 2005, we ordered appellant to respond on or before June 17, 2005, and show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under 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). Appellant s attorney filed a response in which he concurred that appellant has no right to appeal. The record does not contain a certification that shows the defendant has the right of appeal; to the contrary, the trial court certification 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, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk s record supports the trial court s certification that defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Accordingly, we dismiss the appeal. See Tex. R. App. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH