Allen Lawhorne v. the State of Texas ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00057-CR
Allen LAWHORNE,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2022CR7303
Honorable Frank J. Castro, Judge Presiding
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: March 6, 2024
DISMISSED
Appellant Allen Lawhorne entered into a plea bargain with the State pursuant to which he
pleaded nolo contendere to the offense of family violence assault-second offense. 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). Appellant
filed a notice of appeal, and the district clerk filed a copy of the clerk’s record, which includes the
trial court’s Rule 25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d).
04-24-00057-CR
We 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.
Here, the clerk’s record establishes the punishment assessed by the trial court does not
exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. R.
25.2(a)(2). The record also supports the trial court’s certification 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).
On January 25, 2024, we notified appellant that we would dismiss this appeal pursuant to
Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing
that appellant has the right to appeal was made part of the appellate record by February 26, 2024.
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). No amended certification was filed. Accordingly, we dismiss this
appeal.
PER CURIAM
DO NOT PUBLISH
-2-