MEMORANDUM OPINION
No. 04-11-00282-CR
Rodolfo C. VILLARREAL,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR8703
Honorable Melisa Skinner, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: May 25, 2011
DISMISSED
Rodolfo Villarreal entered into a plea bargain with the State, pursuant to which he
pleaded nolo contendere to aggravated assault against a public servant. The trial court imposed
sentence in accordance with the agreement and signed a certificate stating this “is a plea-bargain
case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2). Villarreal timely
filed a notice of appeal. The clerk’s record, which includes the trial court’s Rule 25.2(a)(2)
certification and a written plea bargain agreement, has been filed. See Tex. R. App. P. 25.2(d).
04-11-00282-CR
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 Villarreal 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). Villarreal’s appointed appellate counsel filed
a written response, stating she has reviewed the record and can find no right of appeal. After
reviewing the record and counsel’s notice, we agree that Villarreal 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DO NOT PUBLISH
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