Valenzuelav.State

Fourth Court of Appeals San Antonio, TexasJul 1, 2015
No. 04-15-00356-CR (Tex. App. Jul. 1, 2015)

No. 04-15-00356-CR

07-01-2015

Alfred F. VALENZUELA, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR9521
Honorable Lorina I. Rummel, Judge Presiding
PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice DISMISSED

Pursuant to a plea agreement, appellant pled nolo contendere to the offense of "ASSAULT — FAMILY — 2ND OFFENSE (REPEATER)." 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). Appellant filed a notice of appeal. 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 id. R. 25.2(d). 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." Id.

The court gave appellant notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal was made part of the appellate record within thirty days. See id. R. 25.2(d), id. R. 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 (July 2, 2003, pet. ref'd) (not designated for publication). Appellant's appointed appellate counsel filed a written response, stating he has reviewed the record and can find no right of appeal. After reviewing the record and counsel's notice, we agree appellant 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). We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d).

PER CURIAM Do Not Publish