Amanda Louise Willis v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00304-CR
Amanda Louise WILLIS,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A1730
Honorable N. Keith Williams, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: August 1, 2018
APPEAL DISMISSED
Pursuant to a plea bargain with the State, appellant Amanda Louise Willis pled guilty to
the offense of delivery of a controlled substance, specifically methamphetamine, in an amount of
one gram or more but less than 4 grams. 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). Appellant 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 also been filed. See id. R. 25.2(d).
 04-18-00304-CR
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 id. R. 25.2(a)(2).
The clerk’s record also supports the trial court’s certification that appellant 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).
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.” See TEX. R. APP. P. 25.2(d).
Accordingly, on June 5, 2018, we gave appellant notice that the appeal would be dismissed
unless an amended trial court certification showing she has the right to appeal was made part of
the record by July 5, 2018. See id. R. 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). Neither an amended certification nor other
response has been filed. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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