MEMORANDUM OPINION
No. 04-12-00283-CR
Anthony JACKSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR2199
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 11, 2012
DISMISSED
Pursuant to a plea bargain agreement, appellant Anthony Jackson 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.” 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 TEX. R. APP. P. 25.2(e). The clerk’s record, which includes the plea
04-12-00283-CR
bargain agreement and the trial court’s Rule 25.2(a)(2) certification, has been filed. See TEX. R.
APP. P. 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. See TEX. R. APP. P.
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 May 25, 2012. we gave appellant notice that the appeal would be dismissed unless an
amended trial court certification showing he has the right to appeal has been made part of the
appellate record by June 25, 2012. 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). An amended
certification showing appellant has the right to appeal has not been filed. We therefore dismiss
this appeal. TEX. R. APP. P. 25.2(d).
PER CURIAM
DO NOT PUBLISH
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