Antonio Herrera v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00356-CR

Antonio HERRERA,

Appellant

v.

The STATE of Texas,

Appellee

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

Trial Court No. 2004-CR-2977

Honorable Pat Priest, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 24, 2005

DISMISSED

On July 6, 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 August 1, 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). Appellant s attorney filed a response in which he stated that the trial court has refused to grant permission 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DO NOT PUBLISH