James Lee Bagley v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 10, 2024
• Docket: 04-24-00103-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00103-CR

James Lee BAGLEY, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR8812 Honorable Frank J. Castro, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: April 10, 2024

DISMISSED

Appellant James Lee Bagley entered into a plea bargain with the State pursuant to which

he pleaded nolo contendere to the offense of family or dating violence assault by choking or

strangulation. 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 04-24-00103-CR

bargain agreement. See id. R. 25.2(d). 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 February 14, 2024, we issued an order notifying appellant that this appeal would be

dismissed 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 March 15, 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 has been filed.

Accordingly, we dismiss this appeal. TEX. R. APP. P. 25.2(d).

DO NOT PUBLISH

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