MEMORANDUM OPINION
No. 04-11-00787-CR
Sylvia A. RAMOS,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR4407
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: January 11, 2012
DISMISSED
Appellant Sylvia A. Ramos pled nolo contendere pursuant to a plea bargain agreement to
the offense of possession of a controlled substance, less than one gram. As part of her 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).
04-11-00787-CR
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).
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 and that the trial
court denied permission to appeal. 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 Ramos 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 November 10, 2011, we gave appellant notice that the appeal would be dismissed
unless written consent to appeal and an amended certification showing appellant has the right to
appeal were signed by the trial judge and made part of the appellate record by December 12,
2011. 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 (Jul. 2, 2003,
pet. ref’d) (not designated for publication). Neither written permission to appeal nor an amended
certification showing appellant has the right to appeal has been filed. We therefore dismiss this
appeal.
PER CURIAM
DO NOT PUBLISH
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