MEMORANDUM OPINION No. 04-11-00921-CR David GIFFORD, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR3550 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: April 11, 2012 DISMISSED David Gifford entered into a plea bargain with the State, pursuant to which he pleaded nolo contendere to the offense of indecency with a child. 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). The clerk’s record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). The record also 04-11-00921-CR

appears to support the trial court’s certification that David Gifford 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).

On February 9, 2012, we gave appellant notice that the appeal would be dismissed unless a written consent to appeal and an amended trial court certification showing he has the right to appeal have been made part of the appellate record by March 12, 2012. 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). A written consent to appeal and an amended trial court certification showing David Gifford has the right to appeal have not been filed. We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d).

PER CURIAM DO NOT PUBLISH

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