Isaias Rodriguez Rios v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-08-00524-CR Isaias Rodriguez RIOS, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CR-9249 Honorable Bert Richardson, Judge Presiding PER CURIAM Sitting: Alma L. LÃ³pez, Chief Justice Catherine Stone, Justice Steven C. Hilbig, Justice Delivered and Filed: August 29, 2008 DISMISSED Isaias Rios pleaded nolo contendere to first degree murder pursuant to a plea bargain agreement. As part of his plea-bargain, Rios 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. See TEX . R. APP . P. 25.2(a)(2). Rios timely filed a notice of appeal. The clerk s record, which includes the plea bargain 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 04-08-00524-CR 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. Rios 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 Rios 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 PER CURIAM Do not publish -2-

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