De Marcus De Andre Steadman v. State ( 2010 )

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MEMORANDUM OPINION
No. 04-10-00518-CR
De Marcus STEADMAN,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CR-7043B
Honorable Philip A. Kazen Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: September 1, 2010
DISMISSED
De Marcus Steadman pled nolo contendere to three counts of aggravated kidnapping pursuant
to a plea bargain. As part of his plea bargain, Steadman signed a separate “Waiver of Appeal.” The
trial court imposed sentence in accordance with the plea bargain and signed a certificate stating that
this “is a plea-bargain case, and the defendant has NO right of appeal” and “the defendant has
waived the right of appeal.” See TEX . R. APP. P. 25.2(a)(2). Steadman timely filed a notice of
04-10-00518-CR
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. 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 Steadman 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). Steadman’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 Steadman 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Do not publish
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