MEMORANDUM OPINION
No. 04-09-00292-CR
Eric BROWN,
Appellant
v.
The STATE of Texas,
Appellee
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 08-11-222-CRW
Honorable Stella Saxon, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: September 16, 2009
DISMISSED
Defendant Eric Brown entered a plea of nolo contendere to the indictment and was
sentenced to fifty years confinement in the Institutional Division of the Texas Department of
Criminal Justice. 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 . . . .” Appellant filed a
notice of appeal. The clerk’s record contains a written plea bargain and the punishment assessed
04-09-00292-CR
did not exceed the punishment recommended by the prosecutor and agreed to by defendant;
therefore, the trial court's certification accurately reflects that defendant’s case is a plea bargain
case and defendant does not have a right of appeal. See TEX. R. APP. P. 25.2(a)(2).
“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 does not contain a written
motion ruled on before trial nor does it indicate the trial court granted defendant permission to
appeal. This court must dismiss an appeal “if a certification that shows the defendant has the
right of appeal has not been made a part of the record.” TEX. R. APP. P. 25.2(d). Accordingly,
on July 17, 2009, 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.
PER CURIAM
DO NOT PUBLISH
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