MEMORANDUM OPINION
No. 04-12-00059-CR
Damian L. JOHNSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR6304
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: April 11, 2012
DISMISSED
Pursuant to a plea-bargain agreement, Damian L. Johnson pled nolo contendere to
aggravated assault against a public servant and was sentenced to twenty-five years in prison and
a fine of $1500 in accordance with the terms of his plea-bargain agreement. 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.” See TEX. R. APP. P. 25.2(a)(2). After Johnson filed a
notice of appeal, the trial court clerk sent copies of the certification and notice of appeal to this
04-12-00059-CR
court. See id. 25.2(e). The clerk’s record, which includes the trial court’s Rule 25.2(a)(2)
certification, has been filed. See id. 25.2(d).
“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.” Id. 25.2(a)(2). The clerk’s record, which contains a written plea bargain, establishes
the punishment assessed by the court does not exceed the punishment recommended by the
prosecutor and agreed to by the defendant. See id. The clerk’s record does not include a written
motion filed and ruled upon before trial; nor does it indicate that the trial court gave its
permission to appeal. See id. The trial court’s certification, therefore, appears to accurately
reflect that this is a plea-bargain case and that Johnson does not have a right to appeal. We must
dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been
made part of the record.” Id. 25.2(d).
We, therefore, warned Johnson that this appeal would be dismissed pursuant to Texas
Rule of Appellate Procedure 25.2(d), unless an amended trial court certification showing that
Johnson had the right to appeal was made part of the appellate record. See TEX. R. APP. P.
25.2(d), 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order). No such
amended trial court certification has been filed. This appeal is, therefore, dismissed pursuant to
Rule 25.2(d).
PER CURIAM
DO NOT PUBLISH
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