Opinion
No. 04-17-00560-CR
10-11-2017
Robert Ray NOLIN, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR7704
Honorable Steve Hilbig, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED
Robert Ray Nolin entered into a plea bargain with the State, pursuant to which Nolin pleaded guilty to possession of a controlled substance and the State recommended Nolin be placed on community supervision. In accordance with the agreement, the trial court sentenced Nolin to five years' imprisonment and a $500.00 fine. The trial court also accepted the State's recommendation and suspended the sentence. The trial court then placed Nolin on community supervision for a period of five years. The trial 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). Nolin 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).
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 and does not indicate the trial court gave Nolin permission to appeal. See Tex. R. App. P. 25.2(a)(2). 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 Nolin 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 September 12, 2017, we gave Nolin 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 October 3, 2017. 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 Nolin 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