COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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JUAN SILVA, ) No. 08-06-00096-CR
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Appellant, ) Appeal from
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v. ) County Court at Law No. 2
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THE STATE OF TEXAS, ) of El Paso County, Texas
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Appellee. ) (TC# 20050D13103)
MEMORANDUM OPINION
Juan Silva attempts to appeal a DWI conviction. Finding that Appellant has no right of appeal, we dismiss the appeal.
Rule 25.2(a)(2) governs the defendant’s right to appeal in a criminal case:
A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant’s right of appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case--that is, a case in which defendant’s plea is guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant--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).
Appellant filed a timely notice of appeal and the trial court’s certification of the defendant’s right to appeal as required by Rules 25.2(a)(2) and 25.2(d). The trial court’s certification reflects that the appeal “is a plea-bargain case, and the defendant has NO right of appeal.” The certification also reflects that Appellant waived the right of appeal. On April 28, 2006, the Clerk’s Office notified Appellant that the certification reflects that he has no right of appeal in this case and requested a response, but none has been filed. Based on the trial court’s certification that Appellant has no right of appeal, we dismiss the appeal.
August 31, 2006
ANN CRAWFORD McCLURE, Justice
Before Barajas, C.J., McClure, and Chew, JJ.
(Do Not Publish)