Allen Lawhorne v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 6, 2024
• Docket: 04-24-00057-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00057-CR

Allen LAWHORNE, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR7303 Honorable Frank J. Castro, Judge Presiding

PER CURIAM

Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: March 6, 2024

DISMISSED

Appellant Allen Lawhorne entered into a plea bargain with the State pursuant to which he

pleaded nolo contendere to the offense of family violence assault-second offense. The trial court

imposed sentence in accordance with the agreement and signed a certificate stating 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, and the district clerk filed a copy of the clerk’s record, which includes the

trial court’s Rule 25.2(a)(2) certification and a written plea bargain agreement. See id. R. 25.2(d). 04-24-00057-CR

We 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.

Here, the clerk’s record establishes the punishment assessed by the trial court does not

exceed the punishment recommended by the prosecutor and agreed to by the defendant. See id. R.

25.2(a)(2). The record also supports the trial court’s certification that 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).

On January 25, 2024, we notified appellant that we would dismiss this appeal pursuant to

Rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing

that appellant has the right to appeal was made part of the appellate record by February 26, 2024.

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). No amended certification was filed. Accordingly, we dismiss this

appeal.

DO NOT PUBLISH

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