Opinion
No. 04-17-00541-CR
11-08-2017
Francisco R. HERRERA, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR3850
Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED
Appellant entered into a plea bargain with the State, and pled nolo contendere to the charged felony 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." Appellant timely filed 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 clerk's record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). The record also appears to support 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).
This court gave appellant notice that the appeal would be dismissed unless an amended trial court certification showing appellant's 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). Such an amended trial court certification has not been made part of the appellate record. After we notified appellant that this appeal would be dismissed unless such a certification were made part of the appellate record, appellant's counsel filed a letter asserting appellant's plea was not voluntary. However, the voluntariness of a plea may not "be raised on appeal from a plea-bargained, felony conviction." See Cooper v. State, 45 S.W.3d 77, 81, 82 (Tex. Crim. App. 2001) (stating "meritorious claims of involuntary pleas may be raised by other procedures: motion for new trial and habeas corpus"). Having reviewed the record, we conclude appellant does not have a right to appeal. See Dears, 154 S.W.3d at 615. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM DO NOT PUBLISH