Lawrence W. Kyle v. State

MEMORANDUM OPINION  

No. 04-04-00840-CR

Lawrence W. KYLE,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CR-8360W

Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed:   March 30, 2005

DISMISSED

            On January 26, 2005, we ordered appellant to respond on or before February 23, 2005, and show cause why his appeal should not be dismissed for failure to file a certification of his right to appeal under Tex. R. App. P. 25.2(d). 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 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); 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003, pet. filed).

                                                                                    PER CURIAM

DO NOT PUBLISH