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MEMORANDUM OPINION
No. 04-10-00350-CR
Teresa GOMEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CR-2568
Honorable Sharon MacRae, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: June 16, 2010
DISMISSED
Appellant Teresa Gomez pleaded nolo contendere to theft under $1,500.00 pursuant to a plea
bargain agreement. 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). Appellant timely filed a
notice of appeal. The clerk’s record, which includes the plea bargain agreement and the trial court’s
04-10-00350-CR
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 an amended trial
court certification showing she 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 she has reviewed the record and can find no right of appeal. After reviewing the
record and counsel’s notice, we agree 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. See
TEX . R. APP . P. 25.2(d).
PER CURIAM
Do Not Publish
-2-
Teresa Gomez v. State
Combined Opinion