# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION
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James SMITH , Appellant

v. The The STATE of Texas, Appellee From the 175th Judicial District Court , Bexar County, Texas Trial Court No. 2014CR4942W Honorable Mary D. Roman , Judge Presiding
PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: November 5, 2014
DISMISSED FOR LACK OF JURISDICTION Pursuant to the terms of his plea

- bargain agreement, James Smith pled nolo contendere to forgery and was placed on deferred adjudication community supervision. He then filed a notice of appeal from the order placing him on deferred adjudication community s upervision. On June 17, 2014, 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 T EX
. R. A PP
. P. 25.2(a)(2). After Smith filed a notice of appeal, the trial court clerk sent copies of the certification and notice of04

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- CR appeal to this court. See id. 25.2(e). The clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification, has been filed. See id. 25.2(d). “In a plea bargain case ... a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court’s permission to appeal.” Id. 25.2(a)(2). In Hargesheimer v. State , 182 S.W.3d 906, 913 (Tex. Crim. App. 20 06), the court of criminal appeals held that “in a plea

- bargain case for deferred adjudication community supervision, the plea bargain is complete at the time the defendant enters his plea of guilty in exchange for deferred adjudication community supervisi on.” Thus, Texas Rule of Appellate Procedure 25.2(a)(2) “will restrict appeal only when the defendant appeals his placement on deferred adjudication community supervision pursuant to the original plea.” Id. According to the court, “[u]nder this circumstanc e, the trial judge certifying the defendant’s right of appeal may designate the case on the certification form as ‘a plea

- bargain case, and the defendant has NO right of appeal.’” Id. If, however, the defendant filed written motions that were ruled on befo re his placement on deferred adjudication community supervision pursuant to Rule 25.2(a)(2)(A), or obtained permission from the trial court to appeal his placement on deferred adjudication community supervision pursuant to Rule 25.2(a)(2)(B), then he would have a right to appeal. Id. Here, the clerk’s record, which contains a written plea

- bargain agreement, establishes that in placing Smith on deferred adjudication community supervision, the trial court complied with the plea

- bargain agreement. Further, the clerk’s record does not include a written motion filed and ruled upon before trial, nor does it indicate that the trial court gave its permission to appeal. The trial court’s certification, therefore, appears to accurately reflect that this is a plea

- barg ain case and that Smith does not have a right to appeal. We must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” T EX
. R. A PP
. P. 25.2(d).

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-04

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- CR We therefore warned Smith that this ap peal would be dismissed unless an amended trial court certification showing that Smith has the right to appeal wa s made part of the appellate record.
See T EX
. R. A PP
. P. 25.2(d), 37.1; Daniels v. State , 110 S.W.3d 174 (Tex. App.

— San Antonio 2003, order). N o such amended trial court certification has been filed. This appeal is dismissed for lack of jurisdiction.

PER CURIAM Do not publish

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