Earl Whitley v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

MEMORANDUM OPINION

 
No. 04-07-00842-CR
Earl WHITLEY,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-7588
Honorable Sharon MacRae, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: December 28, 2007

 

DISMISSED

Earl Whitley pleaded nolo contendere to possession of a controlled substance pursuant to a plea bargain agreement. 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." Whitley filed a notice of appeal. The clerk's record, which includes the trial court's Rule 25.2(a)(2) certification and the plea bargain agreement, 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.

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. Whitley'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 Whitley 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).

PER CURIAM

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