Carl Randle, Jr. v. State

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00422-CR Carl RANDLE Jr., Appellant v. The STATE of TexasAppellee The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR4661A Honorable Mary D. Roman, 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 pleaded guilty to the offense of “AGGRAVATED ROBBERY (REPEATER).” 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 id. R. 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. 04-15-00422-CR This 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 on or before September 11, 2015. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref’d) (mem. op., not designated for publication). Appellant did not respond or cause an amended certification to be filed in this court. Accordingly, after reviewing the record we hold 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 PER CURIAM Do Not Publish -2-