DocketNumber： 04-10-00305-CR
Filed Date： 6/16/2010
Status： Precedential
Modified Date： 10/16/2015
• • • • • •
MEMORANDUM OPINION
No. 04-10-00305-CR
Douglas L. BYRD,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-9871
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: June 16, 2010
DISMISSED
Pursuant to a plea bargain agreement, Douglas L. Byrd pled nolo contendere to burglary of a habitation with intent to commit assault. As part of the plea bargain, Byrd signed a waiver of his right to appeal. The trial court 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). Byrd timely filed a notice of appeal. An electronic 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).
We have reviewed the clerk’s record, and the trial court’s certification appears to accurately state that this is a plea bargain case and Byrd 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). 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.” Tex. R. App. P. 25.2(d).
On May 4, 2010, we gave Byrd notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by June 3, 2010. 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). An amended certification showing Byrd has the right to appeal has not been filed. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).
PER CURIAM
Do not publish