Harry Lewis Scott v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00615-CR
Harry Lewis SCOTT,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR7403
Honorable Dick Alcala, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: October 3, 2018
DISMISSED
The trial court’s certification in this appeal states “this criminal case is a plea-bargain case,
and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and
the punishment assessed did not exceed the punishment recommended by the prosecutor and
agreed to by the defendant; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2).
This court must dismiss this appeal “if a certification that shows the defendant has a right
of appeal has not been made part of the record under these rules.” Id. R. 25.2(d); see Chavez v.
State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
04-18-00615-CR
On September 13, 2018, we notified Appellant that this appeal would be dismissed under
Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of
appeal is made part of the appellate record by October 15, 2018. See TEX. R. APP. P. 25.2(d), 37.1;
see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d
174, 176 (Tex. App.—San Antonio 2003, no pet.).
On September 18, 2018, Appellant’s court-appointed counsel filed a response stating that
counsel had reviewed the record, and counsel conceded that this court has no choice but to dismiss
this appeal.
Considering Rule 25.2(d)’s requirements, the record, and Appellant’s response, we dismiss
this appeal. See TEX. R. APP. P. 25.2(d); Dears, 154 S.W.3d at 613.
PER CURIAM
DO NOT PUBLISH
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