Court of Civil Appeals of Texas, 2007

Rose Olnhausen A/K/A Rose Mary Kamplain v. State

Rose Olnhausen A/K/A Rose Mary Kamplain v. State
Court of Civil Appeals of Texas · Decided July 11, 2007

Rose Olnhausen A/K/A Rose Mary Kamplain v. State

Opinion

MEMORANDUM OPINION




No. 04-07-00360-CR


Rose OLNHAUSEN a/k/a Rose Mary Kamplain,

Appellant


v.


The STATE of Texas,

Appellee


From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2005-CR-6263

Honorable Catherine Torres-Stahl, Judge Presiding


PER CURIAM



Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice



Delivered and Filed: July 11, 2007



DISMISSED

Rosemary G. Kamplain pleaded guilty to murder pursuant to a plea bargain agreement. The trial court imposed sentence in accordance with the agreement 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). Kamplain timely filed a notice of appeal. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. See Tex. R. App. P. 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." Tex. R. App. P. 25.2(d); 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).

On June 20, 2007, appointed appellate counsel advised the court in writing that she has reviewed the record and can find no right of appeal. After reviewing the record and counsel's notice, we agree that Kamplain does not have a right to appeal. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

Do not publish

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