Najib Hasim Munir v. State

i i i i i i
MEMORANDUM OPINION
No. 04-08-00731-CR
Najib Hasim MUNIR,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-1366
Honorable Bert Richardson, Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Catherine Stone, Justice
Steven C. Hilbig, Justice
Delivered and Filed: November 12, 2008
DISMISSED
Najib Munir pleaded nolo contendere to a felony pursuant to a plea bargain agreement. As
part of the plea bargain, Munir signed a waiver of his right to appeal. The trial court imposed
sentence in accordance with the agreement 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). Munir timely filed
04-08-00731-CR
a notice of appeal. The clerk’s record, which includes the trial court’s Rule 25.2(a)(2) certification
and a written plea bargain agreement, 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 Munir 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). Munir’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 that Munir 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Do not publish
-2-