Alfred F. Valenzuela v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00356-CR

Alfred F. VALENZUELA, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR9521 Honorable Lorina I. Rummel, Judge Presiding

PER CURIAM

Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

Delivered and Filed: July 1, 2015

DISMISSED

Pursuant to a plea agreement, appellant pled nolo contendere to the offense of “ASSAULT

— FAMILY — 2ND OFFENSE (REPEATER).” The trial court imposed sentence 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). Appellant 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

id. R. 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. 04-15-00356-CR

The court gave appellant notice that the appeal would be dismissed unless an amended trial

court certification showing he has the right to appeal was made part of the appellate record within

thirty days. See id. R. 25.2(d), id. R. 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). Appellant’s appointed appellate counsel filed a written

response, stating he has reviewed the record and can find no right of appeal. After reviewing the

record and counsel’s notice, we agree appellant 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. See

TEX. R. APP. P. 25.2(d).

Do Not Publish

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