Opinion
No. 04-07-00376-CR
Delivered and Filed: July 11, 2007. DO NOT PUBLISH.
Appeal from the 187th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CR-0853A, Honorable Raymond Angelini, Judge Presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, Devonne Smith pleaded nolo contendere to aggravated assault on a public servant. 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). Smith timely filed a notice of appeal. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification and the 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." Tex. R. App. P. 25.2(d); 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). On June 15, 2007, Smith's appointed appellate counsel 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 Smith does not have a right to appeal. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).