Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00042-CR
Leisa PHILLIPS,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR0193W
Honorable Melisa Skinner, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: March 13, 2013
DISMISSED
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” and “defendant has waived the
right 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 defendant; therefore, the trial court’s certification accurately
reflects that defendant’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
04-13-00042-CR
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 January 29, 2013, 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 defendant 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
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