Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00603-CR
Kurt Conrad MILLER,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR8700
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: October 9, 2013
DISMISSED
Pursuant to a plea agreement with the State, appellant Kurt Conrad Miller pleaded nolo
contendere to the offense of credit card abuse. The trial court imposed sentence in accord with the
plea 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 appeal “if a
04-13-00603-CR
certification that shows the defendant has the right of appeal has not been made part of the record.”
Id.
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
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 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Do Not Publish
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