Opinion
No. 04-08-00048-CR
Delivered and Filed: March 12, 2008. DO NOT PUBLISH.
Appealed from the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-7729 Honorable Philip A. Kazen, Jr., Judge Presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice CATHERINE STONE, Justice STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
DISMISSED Stephen Joseph Nunnelee pleaded nolo contendere to a third offense of driving while intoxicated pursuant to a plea bargain agreement. As part of his plea-bargain, Nunnelee signed a separate "Waiver of Appeal." The trial court imposed sentence and signed a certificate stating this "is a plea-bargain case, and the defendant has NO right of appeal" and "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2). Nunnelee timely filed a notice of appeal. The clerk's record, which includes the plea bargain agreement and the trial court's Rule 25.2(a)(2) certification, 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 this is a plea bargain case; that is, the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. It also establishes that Nunnelee waived his right to appeal. Nunnelee's appointed appellate counsel has advised the court in writing that he has reviewed the record and can find no right of appeal. After reviewing the record and counsel's notice, we agree that Nunnelee 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).