Camelle Gallegos v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-05-00371-CR

Case Date: 12/07/2005

Plaintiff: RUSSELL BOYD KNOWLES

Defendant: THE STATE OF TEXAS--Appeal from 226th District Court of Bexar County

Preview:Camelle Gallegos v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County
/**/ MEMORANDUM OPINION

No. 04-05-00371-CR

Camelle GALLEGOS, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CR-0984A Honorable Sharon MacRae, Judge Presiding

PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: December 7, 2005

DISMISSED

Defendant Camelle Gallegos pled nolo contendere to murder, and was sentenced within the terms of a plea bargain.
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Defendant timely filed a general notice of appeal. The trial court s Certification of Defendant s Right of Appeal states that this is a plea-bargain case, and the defendant has NO right of appeal. See Tex. R. App. P. 25.2(a)(2). 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 defendant; therefore, the trial court s certification accurately reflects that defendant s case is a plea bargain case and defendant does not have a 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. 25.2(d). Accordingly, on October 4, 2005, 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. 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 trial court certification has been filed; therefore, this appeal is dismissed. PER CURIAM DO NOT PUBLISH

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