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

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Download PDF i i i i i i MEMORANDUM OPINION No. 04-10-00350-CR Teresa GOMEZ, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CR-2568 Honorable Sharon MacRae, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: June 16, 2010 DISMISSED Appellant Teresa Gomez pleaded nolo contendere to theft under $1,500.00 pursuant to a plea bargain agreement. As part of her plea-bargain, appellant signed a separate â Waiver of Appeal.â The trial court imposed sentence and signed a certificate stating that this â is a plea-bargain case, and the defendant has NO right of appealâ See TEX . R. APP . P. 25.2(a)(2). Appellant timely filed a notice of appeal. The clerkâ s record, which includes the plea bargain agreement and the trial courtâ s 04-10-00350-CR Rule 25.2(a)(2) certification, has been filed. See TEX . R. APP . P. 25.2(d). This court must dismiss an appeal â if a certification that shows the defendant has the right of appeal has not been made part of the record.â Id. The court gave appellant notice that the appeal would be dismissed unless an amended trial court certification showing she has the right to appeal were made part of the appellate record within thirty days. See TEX . R. APP . P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.â San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. refâ d) (not designated for publication). Appellantâ s appointed appellate counsel filed a written response, stating she has reviewed the record and can find no right of appeal. After reviewing the record and counselâ s notice, we agree 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 clerkâ s record to determine whether trial courtâ s certification is accurate). We therefore dismiss this appeal. See TEX . R. APP . P. 25.2(d). PER CURIAM Do Not Publish -2-