Tremont Druval Williams v. State ( 2003 )

MEMORANDUM OPINION Nos. 04-03-00626-CR & 04-03-00669-CR Tremont WILLIAMS, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court Nos. 2003-CR-6219W & 2003-CR-6220W Honorable Mark Luitjen, Judge Presiding ⁽¹⁾

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 19, 2003

APPEALS DISMISSED

Pursuant to a plea bargain agreement, Tremont Williams ("Williams"), entered a plea of nolo contendere to the offense of driving while intoxicated as a repeat offender. The trial court imposed sentence in trial court cause numbers 2003-CR-6219W and 2003-CR-6220W on August 7, 2003. The sentences were to run concurrently. Williams filed a timely pro se notice of appeal in each case. The trial court's certification in each appeal states that "this is a plea bargain case, and the defendant has NO right of appeal." The clerk's record in each appeal contains a written plea bargain, and the punishment assessed by the trial court does not exceed the punishment recommended by the prosecutor and agreed to by Williams; therefore, the trial court's certification in each appeal appears to accurately reflect that the underlying case is a plea-bargain case. See Tex. R. App. P. 25.2(a)(2).

Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "[t]he appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." Tex. R. App. P. 25.2(d). On September 3, 2003 and September 25, 2003, we ordered that the appeals would be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended trial court certification, showing that Williams had the right of appeal, was made part of the appellate record by October 3, 2003 in cause number 04-03-00626-CR and October 24, 2003 in cause number 04-03-00669-CR. See Tex. R. App. P. 25.2(d); 37.1; see also Daniels v. State, 110 S.W.3d 174, 177 (Tex. App.--San Antonio 2003, order). Amended certifications that show Williams has the right of appeal have not been filed. Therefore, we dismiss both appeals. Tex. R. App. P. 25.2(d).

PER CURIAM

Do Not Publish

1. The Honorable Bert Richardson is the presiding judge of the 379th Judicial District Court, Bexar County, Texas. The Honorable Mark Luitjen signed the judgments of conviction from which Williams appeals.