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

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MEMORANDUM OPINION
No. 04-07-00428-CR
Teresa RANGEL,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-8456
Honorable Pat Priest, Judge Presiding

PER CURIAM

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: August 29, 2007

 

DISMISSED

Pursuant to a plea-bargain agreement, Teresa Rangel pled guilty to possession of a controlled substance and was placed on deferred adjudication community supervision in accordance with the terms of her plea-bargain agreement. On March 14, 2007, the trial court signed a certification of defendant's right to appeal stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). After Rangel filed a notice of appeal, the trial court clerk sent copies of the certification and notice of appeal to this court. See id. 25.2(e). The clerk's record, which includes the trial court's rule 25.2(a)(2) certification, has been filed. See id. 25.2(d).

"In 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). The clerk's record, which contains a written plea bargain, establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. 25.2(a)(2). The clerk's record does not include a written motion filed and ruled upon before trial; nor does it indicate that the trial court gave his permission to appeal. The trial court's certification, therefore, appears to accurately reflect that this is a plea-bargain case and that Rangel does not have a 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." Id. 25.2(d).

On July 17, 2007, Rangel's court-appointed attorney filed a letter with this court, stating that in reviewing the record, she "can find no right of appeal for Appellant." We, therefore, dismiss this appeal. See Tex. R. App. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH

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