MEMORANDUM OPINION
No. 04-11-00719-CR
Todd Warren HARRISON,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR8007
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 7, 2011
DISMISSED
Pursuant to a plea bargain agreement, appellant Todd Warren Harrison pleaded nolo
contendere to the offense of possession of a controlled substance with intent to deliver. 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
04-11-00719-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). 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.” Id.
The court gave appellant notice that the appeal would be dismissed unless written consent
to appeal and 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
has not filed a response. After reviewing the record, we hold 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DO NOT PUBLISH
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