Miguel Gonzales v. State

MEMORANDUM OPINION

No. 04-11-00139-CR

Miguel GONZALES,

Appellant v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2008CR10137

Honorable Sid L. Harle, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: June 1, 2011

DISMISSED

Miguel Gonzales entered into a plea bargain with the State, pursuant to which he pleaded nolo contendere to intoxication assault. The trial court imposed sentence in accordance with the agreement and 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). Gonzales 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.” Id.

The court gave Gonzales 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 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). Gonzales’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 Gonzales 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PER CURIAM DO NOT PUBLISH