Opinion
NO. 12-17-00399-CR
01-31-2018
VICTOR RODRIGUEZ-SERRANO, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 188TH JUDICIAL DISTRICT COURT GREGG COUNTY , TEXAS MEMORANDUM OPINION
Pursuant to a plea agreement, Victor Rodriguez-Serrano pleaded guilty to possession of a controlled substance. In accordance with the plea agreement, the trial court sentenced Appellant to three years deferred adjudication community supervision. Appellant filed a notice of appeal.
The clerk's record has been filed. See TEX. R. APP. P. 25.2(d). The record contains the trial court's certification, which states that this "is a plea agreement case, and the defendant has NO RIGHT OF APPEAL." The certification was signed by Appellant and his counsel. See id . The clerk's record does not otherwise indicate the trial court gave Appellant permission to appeal. See TEX. R. APP. P. 25.2(a)(2).
Based on our review of the clerk's record, the trial court's certification appears to accurately state that Appellant does not have the 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). Accordingly, we dismiss the appeal. Opinion delivered January 31, 2018.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(DO NOT PUBLISH)
COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
Appeal from the 188th District Court of Gregg County, Texas (Tr.Ct.No. 46496-A)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.