TATUM v. STATE, 04-04-00041-CR (Tex.App.-San Antonio [4th Dist.] 2004)

ROBERT TATUM, Appellant v. THE STATE OF TEXAS, Appellee.

No. 04-04-00041-CR.Court of Appeals of Texas, Fourth District, San Antonio.
Delivered and Filed: March 31, 2004. DO NOT PUBLISH.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the 144th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-6108-B, Honorable Mark R. Luitjen, Judge Presiding.

Dismissed.

Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.

MEMORANDUM OPINION
PER CURIAM.

Pursuant to a plea bargain agreement, appellant, Robert Tatum, pled nolo contendere to deadly conduct. On December 17, 2003, the trial court imposed sentence and 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” and “the defendant has waived the right of appeal.” See Tex.R.App.P. 25.2(a)(2). After appellant filed his 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).

Appellant filed a pro se general notice of appeal. See
Tex.R.App.P. 25.2(a)(2). The clerk’s record contains a written plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the appellant; therefore, the trial court’s certification accurately reflects that appellant’s case is a plea bargain case and he does not have a right of appeal. See Tex.R.App.P. 25.2(a)(2). Rule 25.2(d) provides, “The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.” Tex.R.App.P. 25.2(d). Accordingly, on February 17, 2004, 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. See Daniels v. State, 110 S.W.3d 174 (Tex. App.-San Antonio 2003, order); Tex.R.App.P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.

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