i i i i i i
MEMORANDUM OPINION
No. 04-08-00821-CR
John BUTLER,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. AO8-271
Honorable Stephen B. Ables, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: July 1, 2009
DISMISSED
On May 11, 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 on or before June 10, 2009. See TEX . R. APP . P.
25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003,
order). Appellant did not respond. The record does not contain a certification that shows the
04-08-00821-CR
defendant has the right of appeal; to the contrary, the trial court certification in the record states “this
criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record
contains a written plea bargain, and the punishment assessed did not exceed the punishment
recommended by the prosecutor and agreed to by the defendant; therefore, the clerk’s record supports
the trial court’s certification that defendant has no right of appeal. See TEX . R. APP . P. 25.2(a)(2).
Accordingly, we dismiss the appeal. See TEX . R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
-2-