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MEMORANDUM OPINION No. 04-10-00254-CR Tyrone A. ROSS, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CR-12196 Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: May 12, 2010 DISMISSED Tyrone A. Ross pleaded nolo contendere to possession of a controlled substance, penalty group 1, less than one gram, pursuant to a plea bargain agreement. As part of his plea bargain, Ross signed a separate “Waiver of Appeal.” 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). The clerk’s record, which includes the plea bargain 04-10-00254-CR

agreement and the trial court’s Rule 25.2(a)(2) certification, 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.” Id. Ross’s appointed appellate counsel has filed written notice that counsel has reviewed the record and concluded Ross does not have a right to appeal and the appeal should be dismissed. After reviewing the record and counsel’s notice, we agree Ross 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. TEX . R. APP . P. 25.2(d).

PER CURIAM Do not publish

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