John B. Hayes v. The State of Texas--Appeal from 399th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-10-00006-CR John B. HAYES, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CR-5289 Honorable Juanita Vasquez-Gardner, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: February 3, 2010 DISMISSED John B. Hayes pleaded nolo contendere to aggravated assault with a deadly weapon and pleaded true to an enhancement allegation pursuant to a plea bargain agreement. As part of his plea bargain, Hayes 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). Hayes timely filed a notice of appeal. The 04-10-00006-CR 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 certification that shows the defendant has the right of appeal has not been made part of the record. Id. The court gave Hayes notice that the appeal would be dismissed unless an amended trial court certification showing he 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. San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref d) (not designated for publication). Hayes 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 counsel s notice, we agree that Hayes 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 PER CURIAM Do not publish -2-
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