James Lee Bagley v. the State of Texas

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).

PER CURIAM

DO NOT PUBLISH