Ian Kenton v. State

Opinion

MEMORANDUM OPINION No. 04-11-00903-CR

Ian KENTON, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR7419 Honorable Raymond Angelini, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: March 7, 2012

DISMISSED

Ian Lamar Kenton entered into a plea bargain with the State, pursuant to which

he pleaded nolo contendere to Deadly Conduct-Firearm. The clerk’s record establishes the

punishment assessed by the court does not exceed the punishment recommended by the

prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). The record also

appears to support the trial court’s certification that Ian Lamar Kenton does not have a right to 04-11-00903-CR

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 3, 2012, we gave Appellant notice that the appeal would be dismissed unless

an amended trial court certification showing he has the right to appeal has been made part of the

appellate record by February 2, 2012. 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). An amended

certification showing Appellant has the right to appeal has not been filed. We therefore dismiss

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

DO NOT PUBLISH

-2-