Adrian Guerrero v. State ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00365-CR
Adrian GUERRERO,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR2352
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: August 14, 2013
APPEAL DISMISSED
Pursuant to a plea bargain agreement, appellant Adrian Guerrero pleaded guilty to
aggravated assault with a deadly weapon. 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 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
04-13-00365-CR
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 he has reviewed the record and can find no right of appeal. After reviewing the
record and counsel’s notice, we agree that 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DO NOT PUBLISH
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