Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00484-CR
Dillon C. GONZALES,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR2520A
Honorable Melisa Skinner, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: September 23, 2015
APPEAL DISMISSED
Pursuant to a plea bargain agreement, appellant pled guilty to the offense of aggravated
robbery. 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” and “the defendant has waived the right of appeal.” See TEX.
R. APP. P. 25.2(a)(2). After appellant timely filed a notice of appeal, the clerk sent copies of the
certification and notice of appeal to this court. See id. R. 25.2(e). The clerk’s record, which
04-15-00484-CR
includes the plea bargain agreement and the trial court’s Rule 25.2(a)(2) certification, has been
filed. See id. R. 25.2(d).
The clerk’s record establishes the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant and that the trial court
denied permission to appeal. See id. R. 25.2(a)(2). After reviewing the clerk’s record, the trial
court’s certification therefore appears to accurately reflect that this is a plea bargain case and
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). 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).
On August 10, 2015, we gave appellant notice that the appeal would be dismissed unless
written consent to appeal and an amended certification showing appellant has the right to appeal
were signed by the trial judge and made part of the appellate record by September 9, 2015. See id.
R. 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) (mem. op., not
designated for publication). Neither written permission to appeal nor an amended certification
showing appellant has the right to appeal has been filed. We therefore dismiss this appeal.
PER CURIAM
Do Not Publish
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