Pedrito Esquivel v. State ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00625-CR
Pedrito ESQUIVEL,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CR-1664
Honorable Mary Román, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 11, 2009
DISMISSED
Appellant Pedrito Esquivel pleaded nolo contendere to indecency with a child by contact
pursuant to a plea bargain agreement. 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).
Appellant timely filed a notice of appeal. The clerk’s record, which includes the plea bargain
04-09-00625-CR
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 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’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. TEX .
R. APP . P. 25.2(d).
PER CURIAM
Do not publish
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