Gustavo Nava v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00404-CR

Gustavo NAVA,

Appellant

v.

The STATE of Texas,

Appellee

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

Trial Court No. 2005-CR-0852

Honorable Mary Rom n, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: August 31, 2005

DISMISSED

Gustavo Nava pleaded nolo contendere to felony driving while intoxicated pursuant to a plea bargain agreement. The trial court imposed sentence in accordance with the agreement and signed a certificate stating that this is a plea-bargain case, and the defendant has NO right of appeal and the defendant has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). Nava timely filed a notice of appeal. The clerk s record, which includes the trial court s Rule 25.2(a)(2) certification, has been filed. See Tex. R. App. P. 25.2(d).

The clerk s record, which contains a written plea bargain agreement, establishes the punishment assessed by the court does 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). However, as part of his plea bargain, Nava signed a waiver of this limited right of appeal. He therefore may not appeal without the consent of the trial court. See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003). A notation on the judgment indicates the trial court denied Nava permission to appeal. // The trial court s certification therefore appears to accurately reflect that this is a plea bargain case, Nava does not have a right to appeal, and Nava waived any limited right to appeal. This court 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).

On July 20, 2005, we gave Nava notice that the appeal would be dismissed unless written consent to appeal and an amended certification showing Nava has the right to appeal were signed by the trial judge and made part of the appellate record by August 19, 2005. See Tex. R. App. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App. San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. filed) (not designated for publication). Neither written permission to appeal nor an amended certification showing Nava has the right to appeal has been filed. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

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