Tyrone A. Ross v. State

• Court: Court of Appeals of Texas
• Decided: May 12, 2010
• Docket: 04-10-00254-CR
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-10-00254-CR

Tyrone A. ROSS, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CR-12196 Honorable Ron Rangel, Judge Presiding

PER CURIAM

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

Delivered and Filed: May 12, 2010

DISMISSED

Tyrone A. Ross pleaded nolo contendere to possession of a controlled substance, penalty

group 1, less than one gram, pursuant to a plea bargain agreement. As part of his plea bargain, Ross

signed a separate “Waiver of Appeal.” The trial court imposed sentence in accordance with the

agreement and signed a certificate stating that this “is a plea-bargain case, and the defendant has NO

right of appeal.” See TEX . R. APP . P. 25.2(a)(2). The clerk’s record, which includes the plea bargain 04-10-00254-CR

agreement and the trial court’s Rule 25.2(a)(2) certification, has been filed. See TEX . R. APP . P.

25.2(d). 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.” Id.

Ross’s appointed appellate counsel has filed written notice that counsel has reviewed the

record and concluded Ross does not have a right to appeal and the appeal should be dismissed. After

reviewing the record and counsel’s notice, we agree Ross 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Do not publish

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