Rosemary Altamirano v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00563-CR
Rosemary ALTAMIRANO,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-CR-5770W
Honorable Sharon MacRae, Judge Presiding

PER CURIAM

 

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

 

Delivered and Filed: December 19, 2007

 

DISMISSED FOR LACK OF JURISDICTION

Pursuant to a plea bargain agreement, Appellant, Rosemary Altamirano, pled nolo contendere to possession with intent to deliver cocaine, agreeing to a sentence not longer than ten years, and a $1500 fine. The trial judge subsequently sentenced Altamirano to ten years imprisonment and a $2000 fine. 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). Appellant timely filed a notice of appeal. After appellant filed her notice of appeal, the court clerk sent copies of the certification and notice of appeal to this court. See Tex. R. App. P. 25.2(e).

Thereafter, the trial court entered a judgment nunc pro tunc, sentencing Altamirano to ten years imprisonment and a $1500 fine. This judgment corrects the discrepancy between the judgment previously entered and the judgment rendered and comports with the terms of the plea agreement.

Although we then suspended the appellate deadlines and gave Altamirano until October 24, 2007 to file an amended trial court certification showing that she has the right to appeal, no amended trial court certification was filed.

Accordingly, this appeal is dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d). See Tex. R. App. P. 25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.--San Antonio 2003, order).

PER CURIAM

 

DO NOT PUBLISH