in the Interest and Protection of R.G.P. ( 2009 )

i i i i i i
MEMORANDUM OPINION
No. 04-09-00176-CR
Ray OBAYA,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-9915C
Honorable Pat Priest1, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: May 20, 2009
DISMISSED
Ray Obaya pleaded nolo contendere to burglary of a building with intent to commit theft. As
part of his plea bargain, Obaya signed a waiver of his right to appeal. The trial court imposed
sentence in accordance with the agreement and signed a certificate stating that this “is a plea-bargain
1
… Sitting by assignment
04-09-00176-CR
case, and the defendant has NO right of appeal.” Obaya timely appealed the judgment. 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 Obaya 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). Obaya’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 Obaya 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Do not publish
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