                              NUMBER 13-07-321-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

MARTIN RENTERIA,                                                             Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
_____________________________________________________________

              On Appeal from the 28th District Court
                    of Nueces County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION
             Before Justices Rodriguez, Garza, and Benavides
                    Memorandum Opinion Per Curiam

      Pursuant to a plea bargain, appellant, Martin Renteria, pleaded guilty to aggravated

sexual assault of a child, indecency with a child, and attempted indecency with a child in

trial court cause number 05-CR-1816-A. The trial court sentenced appellant in accordance

with the terms of the plea agreement. Appellant filed a pro se notice of appeal. The trial
court's certification of appellant’s right to appeal shows 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(a)(2) provides that, in a plea bargain case, a defendant may appeal only

those matters that were raised by written motion filed and ruled on before trial, or after

getting the trial court's permission to appeal. See id. We have reviewed the clerk’s record

filed in this cause, and there is nothing in the record to indicate that either situation applies

in the instant case. The record supports the trial court’s certification stating that the

sentence in this case was the result of a plea bargain and that appellant has no right to

appeal. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005).

       The Texas Rules of Appellate Procedure provide that an appeal must be dismissed

if the trial court's certification does not show that the defendant has the right of appeal.

TEX . R. APP. P. 25.2(d); see TEX . R. APP. P. 37.1, 44.3, 44.4. Accordingly, this appeal is

DISMISSED. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (a court

of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained

is permitted to appeal by Rule 25.2 (a)(2), must dismiss a prohibited appeal without further

action). Pending motions, if any, are DISMISSED AS MOOT.

                                                                          PER CURIAM

Do not publish. See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and
filed this the 24th day of April, 2008.




                                               2
