Richard Frazier v. State

MEMORANDUM OPINION No. 04-11-00264-CR Richard FRAZIER, Appellant v. The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR0096 Honorable Melisa Skinner, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: August 3, 2011 DISMISSED

Richard Frazier timely appealed the trial court’s judgment in a burglary case. The trial court signed a certificate stating this “is a plea-bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). A clerk’s record on CD-ROM, which includes the trial court’s Rule 25.2(a)(2) certification, a written plea bargain agreement, and the trial court’s judgment, has been filed. See TEX. R. APP. P. 25.2(d). On June 15, 2011, the clerk filed a supplemental electronic record containing a judgment nunc pro tunc.

The court gave Frazier notice that the appeal would be dismissed unless an amended trial court certification showing he 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). Frazier’s appointed appellate counsel filed a written response, stating she has reviewed the record and can find no right of appeal. After reviewing the record and counsel’s notice, we agree that Frazier 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PER CURIAM DO NOT PUBLISH