Alfred F. Valenzuela v. State ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00356-CR
Alfred F. VALENZUELA,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR9521
Honorable Lorina I. Rummel, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: July 1, 2015
DISMISSED
Pursuant to a plea agreement, appellant pled nolo contendere to the offense of “ASSAULT
— FAMILY — 2ND OFFENSE (REPEATER).” 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 filed a notice of appeal. 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
id. R. 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.
04-15-00356-CR
The court gave appellant notice that the appeal would be dismissed unless an amended trial
court certification showing he has the right to appeal was made part of the appellate record within
thirty days. See id. R. 25.2(d), id. R. 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 he 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Do Not Publish
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