Calvin Richardson v. State ( 2010 )

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MEMORANDUM OPINION

No. 04-10-00391-CR

Calvin RICHARDSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 2009-CR-7674B

Honorable Maria Teresa Herr, Judge Presiding

PER CURIAM

Sitting:            Catherine Stone, Chief Justice

Karen Angelini, Justice

                        Marialyn Barnard, Justice

Delivered and Filed: July 21, 2010 

DISMISSED

            Appellant Calvin Richardson pleaded nolo contendere to possession of a controlled substance, one to four grams, pursuant to a plea bargain agreement. As part of his 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. 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 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). 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 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). We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).

                                                                                    PER CURIAM

Do Not Publish