Court of Appeals of TexasJan 11, 2012
No. 04-11-00787-CR (Tex. App. Jan. 11, 2012)

No. 04-11-00787-CR


Sylvia A. RAMOS, Appellant v. The STATE of Texas, Appellee


From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR4407

Honorable Sid L. Harle, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Appellant Sylvia A. Ramos pled nolo contendere pursuant to a plea bargain agreement to the offense of possession of a controlled substance, less than one gram. As part of her plea-bargain, appellant signed a separate "Waiver of Appeal." The trial court imposed sentence and signed a certificate 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). After appellant timely filed a notice of appeal, the clerk sent copies of the certification and notice of appeal to this court. See TEX. R. APP. P. 25.2(e). The clerk's record, which includes the plea bargain agreement and the trial court's rule 25.2(a)(2) certification, has been filed. See TEX. R. APP. P. 25.2(d).

The clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and that the trial court denied permission to appeal. See TEX. R. APP. P. 25.2(a)(2). After reviewing the clerk's record, the trial court's certification therefore appears to accurately reflect that this is a plea bargain case and Ramos does not have a right to appeal. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should review clerk's record to determine whether trial court's certification is accurate). This court must dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." TEX. R. APP. P. 25.2(d).

On November 10, 2011, we gave appellant notice that the appeal would be dismissed unless written consent to appeal and an amended certification showing appellant has the right to appeal were signed by the trial judge and made part of the appellate record by December 12, 2011. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (Jul. 2, 2003, pet. ref'd) (not designated for publication). Neither written permission to appeal nor an amended certification showing appellant has the right to appeal has been filed. We therefore dismiss this appeal.