Jakroi Allen Banks v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00908-CR
Jakroi Allen BANKS,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR0571
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: December 19, 2018
DISMISSED
Appellant, Jakroi Allen Banks, entered into a plea bargain with the State, and pled guilty
to aggravated kidnapping. The trial court subsequently 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). Banks 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).
04-18-00908-CR
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.” TEX. R. APP. P. 25.2(d). This court gave appellant
notice that the appeal would be dismissed unless an amended trial court certification showing
appellant has the right to appeal were made part of the appellate record within thirty days or Banks
otherwise established the trial court’s certification is defective. 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).
Appellant’s appointed counsel has filed a written response, stating that the trial court denied
counsel’s motion to amend the certification and, after reviewing the record, counsel found no right
of appeal. After reviewing the record and counsel’s notice, we agree 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).
We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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