Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00261-CR
Joseph RIOS,
Appellants
v.
The STATE of Texas,
Appellees
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR4757
Honorable Philip A. Kazen Jr., Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: June 3, 2015
DISMISSED
Pursuant to a plea bargain agreement with the State, appellant pled nolo contendere to
“BURGLARY HABITATION — FORCE (REPEATER).” 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). 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
04-15-00261-CR
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: (1) an amended
trial court certification showing he has the right to appeal were made part of the appellate record
within thirty days, and (2) he obtained permission from the trial court to appeal. 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) (not designated for
publication). Appellant’s s appointed appellate counsel filed a written response, stating he 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. See
TEX. R. APP. P. 25.2(d).
PER CURIAM
Do Not Publish
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