MEMORANDUM OPINION
No. 04-11-00231-CR
Alphonse HARRIS,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR8429
Honorable Angus McGinty, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: September 7, 2011
DISMISSED
Pursuant to a plea-bargain agreement, Alphonse Harris pled nolo contendere to the
offense of interference with child custody and was sentenced to two years imprisonment in
accordance with the terms of his plea-bargain agreement. On February 11, 2011, 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 Harris filed a notice
of appeal, the trial court clerk sent copies of the certification and notice of appeal to this court.
04-11-00231-CR
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). Here, the clerk’s record, which contains a written plea-bargain
agreement, establishes the punishment assessed by the trial 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 Harris permission to appeal. The trial court’s certification, therefore, appears to
accurately reflect that this is a plea-bargain case and that Harris 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.” TEX. R. APP. P. 25.2(d).
We warned Harris that this appeal would be dismissed pursuant to Texas Rule of
Appellate Procedure 25.2(d), unless an amended trial court certification showing that Harris 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DO NOT PUBLISH
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