Opinion
No. 04-08-00018-CR
Delivered and Filed: February 13, 2008. DO NOT PUBLISH
Appealed from the 186th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CR-5839, Honorable Teresa Herr, Judge Presiding. DISMISSED.
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
Genaro T. Rivera pleaded nolo contendere to aggravated assault with a deadly weapon pursuant to a plea bargain agreement. As part of his plea-bargain, Rivera signed a separate "Waiver of Appeal." The trial court imposed sentence in accordance with the plea agreement and signed a certificate stating that 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). Rivera 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. Rivera's appointed appellate counsel has advised the court in writing that she has reviewed the record and can find no right of appeal. After reviewing the record and counsel's notice, we agree that Rivera 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).