Kimberly M. Borjon v. State ( 2011 )

MEMORANDUM OPINION
No. 04-11-00266-CR
Kimberly M. BORJON,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR12996A
Honorable Mary D. Román, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: June 1, 2011
DISMISSED
Appellant Kimberly M. Borjon pleaded guilty to the offense of aggravated robbery
pursuant to a plea bargain agreement. As part of her plea bargain, appellant signed a separate
“Waiver of Appeal.” The trial court imposed sentence and signed a certificate stating that 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 plea
bargain agreement and the trial court’s Rule 25.2(a)(2) certification, has been filed. See TEX. R.
04-11-00266-CR
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 appellant notice that the appeal would be dismissed unless written consent
to appeal and an amended trial court certification showing she 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). Appellant’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 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. TEX. R. APP. P. 25.2(d).
PER CURIAM
Do Not Publish
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