Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00664-CR
Anthony Lamonte HARRIS,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR0729
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: November 6, 2013
DISMISSED
Pursuant to a plea bargain agreement, appellant Anthony Lamonte Harris pleaded nolo
contendere to the offense of aggravated robbery. The trial court imposed sentence in accordance
with the agreement 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
04-13-00664-CR
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 he has reviewed the record and can find no right of appeal. After reviewing the
record and counsel’s notice, we agree 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Do Not Publish
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