James H. Lowe v. State ( 2012 )

MEMORANDUM OPINION
No. 04-12-00210-CR
James H. LOWE,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CR-5832
Honorable Angus McGinty, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: June 13, 2012
DISMISSED
On April 24, 2012, 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 May 24, 2012. 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 defendant has the right of appeal; to the contrary, the trial court certification in the
04-12-00210-CR
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DO NOT PUBLISH
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