COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-284-CR
DANIEL SIDES APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1)
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On May 21, 2004, Daniel Sides pleaded guilty to felony driving while intoxicated and, pursuant to the plea agreement, was sentenced to four years’ confinement. On June 18, 2004, the trial court entered its certification of defendant’s right to appeal in accordance with rule 25.2(a)(2). See Tex. R. App. P. 25.2(a)(2). The certification states that this “is a plea-bargain case, and the defendant has NO right of appeal.”
On June 25, 2004, appellant filed a pro se notice of appeal. On July 27, 2004, we notified appellant that the certification indicating he had no right to appeal had been filed in this court and that this appeal would be dismissed unless appellant or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(a)(2), 44.3. Appellant has not filed a response.
Rule 25.2(a)(2) limits the right to appeal in a plea bargain case to those matters that were raised by written motion filed and ruled on before trial or after getting the trial court’s permission to appeal. Tex. R. App. P. 25.2(a)(2). According to the trial court’s certification, neither of these circumstances apply because it states that there is no right of appeal.
Because appellant had no right to appeal, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM
PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: September 30, 2004
FOOTNOTES
1:
See Tex. R. App. P . 47.4.