Opinion
No. 04-08-00731-CR
Delivered and Filed: November 12, 2008. DO NOT PUBLISH.
Appealed from the 379th Judicial District Court, Bexar County, Texas, Trial Court No. 2008-CR-1366, Honorable Bert Richardson, Judge Presiding. DISMISSED.
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
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 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).