Opinion
04-23-01097-CR
02-14-2024
Karl KEENE, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR7223 Honorable Joel Perez, Judge Presiding
Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
Appellant Karl Keene entered into a plea bargain with the State pursuant to which he pleaded guilty to a charge of terroristic threat. The trial court signed an order of deferred adjudication that placed appellant on community supervision. The trial court also 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). 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 2, 2024, we issued an order notifying 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 1, 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).
On January 4, 2024, the district clerk filed a supplemental clerk's record that contained pro se pleadings filed by appellant. The supplemental clerk's record did not contain an amended certification of appellant's right to appeal, and appellant did not otherwise respond to our order. Accordingly, we dismiss this appeal. See Tex. R. App. P. 25.2(d).