James H. Lowe v. State ( 2012 )

MEMORANDUM OPINION No. 04-12-00209-CR James H. LOWE, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR5835 Honorable Angus McGinty, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: June 13, 2012 DISMISSED Defendant pled nolo contendere to aggravated assault with a deadly weapon and was sentenced within the terms of a plea bargain. Defendant timely filed a general notice of appeal. 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). Rule 25.2(d) provides, “The appeal must be dismissed if a 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. 04-12-00209-CR 25.2(d). Accordingly, on May 4, 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 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 certification has been filed; therefore, this appeal is dismissed. PER CURIAM Do not publish -2-