Miguel Gonzales v. State ( 2011 )

MEMORANDUM OPINION
No. 04-11-00139-CR
Miguel GONZALES,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR10137
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: June 1, 2011
DISMISSED
Miguel Gonzales entered into a plea bargain with the State, pursuant to which he pleaded
nolo contendere to intoxication assault. 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). Gonzales 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). This court must dismiss an
04-11-00139-CR
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 Gonzales notice that the appeal would be dismissed unless an amended
trial court certification showing he has the right to appeal was 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). Gonzales’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 Gonzales 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DO NOT PUBLISH
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