Jon Watson v. State

• Court: Court of Appeals of Texas
• Decided: September 26, 2007
• Docket: 04-07-00567-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-07-00567-CR

Jon WATSON, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-2150C Honorable Pat Priest, Judge Presiding ⁽¹⁾

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

Delivered and Filed: September 26, 2007

DISMISSED

Jon Watson pleaded nolo contendere to arson pursuant to a plea bargain agreement. As part of his plea-bargain, Watson signed a separate "Waiver of Appeal." 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" and "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2). After Watson timely filed a notice of appeal, the clerk sent copies of the certification and notice of appeal to this court. See Tex. R. App. P. 25.2(e). The clerk's record, which includes the plea bargain agreement and the trial court's Rule 25.2(a)(2) certification, has been filed. 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." Tex. R. App. P. 25.2(d).

The clerk's record establishes this is a plea bargain case; that is, the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. It also establishes that Watson waived his right to appeal. Watson's appointed appellate counsel has advised the court in writing that she has reviewed the record and can find no right of appeal. After reviewing the record and counsel's notice, we agree that Watson 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. Tex. R. App. P. 25.2(d).

Do not publish

1. Sitting by assignment.