Angela K. Hobgood v. State

MEMORANDUM OPINION

No. 04-11-00644-CR

Angela K. HOBGOOD,

Appellant v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR5305W

Honorable Maria Teresa Herr, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: November 2, 2011

DISMISSED

Appellant Angela K. Hobgood pleaded guilty or nolo contendere to the offense of prostitution to a plea bargain agreement. 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). Appellant timely 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 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. The court gave appellant notice that the appeal would be dismissed unless written consent to appeal and an amended trial court certification showing she has the right to appeal were made part of the appellate record within thirty days. 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 (July 2, 2003, pet. ref’d) (not designated for publication). Appellant has not filed a response. After reviewing the record and counsel’s notice, we hold 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. TEX. R. APP. P. 25.2(d).

PER CURIAM Do Not Publish