Court of Civil Appeals of Texas, 2012

Ian Kenton v. State

Ian Kenton v. State
Court of Civil Appeals of Texas · Decided March 7, 2012

Ian Kenton v. State

Opinion

MEMORANDUM OPINION No. 04-11-00903-CR Ian KENTON, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR7419 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: March 7, 2012 DISMISSED Ian Lamar Kenton entered into a plea bargain with the State, pursuant to which he pleaded nolo contendere to Deadly Conduct-Firearm. 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 appears to support the trial court’s certification that Ian Lamar Kenton does not have a right to 04-11-00903-CR

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 January 3, 2012, we gave Appellant notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by February 2, 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). An amended certification showing Appellant has the right to appeal has not been filed. We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d).

PER CURIAM DO NOT PUBLISH

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