Steadman v. State

Full title: De Marcus STEADMAN, Appellant v. The STATE of Texas, Appellee

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Sep 1, 2010

No. 04-10-00518-CR (Tex. App. Sep. 1, 2010)

Opinion

No. 04-10-00518-CR

Delivered and Filed: September 1, 2010. DO NOT PUBLISH.

Appealed from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2009-CR-7043B, Honorable Philip A. Kazen Jr., Judge Presiding. Dismissed.

Sitting: CATHERINE STONE, Chief Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.

MEMORANDUM OPINION

PER CURIAM.

De Marcus Steadman pled nolo contendere to three counts of aggravated kidnapping pursuant to a plea bargain. As part of his plea bargain, Steadman signed a separate "Waiver of Appeal." The trial court imposed sentence in accordance with the plea bargain 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). Steadman 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 court gave Steadman notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal were made part of the appellate record within thirty days. 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). Steadman's appointed appellate counsel filed a written response, stating she has reviewed the record and can find no right of appeal. After reviewing the record and counsel's notice, we agree that Steadman 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).