Anthony Jackson v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County (per curiam)
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MEMORANDUM OPINION No. 04-12-00283-CR Anthony JACKSON, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR2199 Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: July 11, 2012 DISMISSED Pursuant to a plea bargain agreement, appellant Anthony Jackson pled guilty to the offense of aggravated robbery. As part of his plea-bargain, appellant signed a separate Waiver of Appeal. The trial court imposed sentence and signed a certificate stating that this is a pleabargain case, and the defendant has NO right of appeal. See TEX. R. APP. P. 25.2(a)(2). After appellant timely filed a notice of appeal, the clerk sent copies of the certification and notice of appeal to this court. See TEX. R. APP. P. 25.2(e). The clerk s record, which includes the plea 04-12-00283-CR bargain agreement and the trial court s Rule 25.2(a)(2) certification, has been filed. See TEX. R. APP. P. 25.2(d). The clerk s record establishes the punishment assessed by the court does not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2). After reviewing the clerk s record, the trial court s certification therefore appears to accurately reflect that this is a plea bargain case and 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 clerk s record to determine whether trial court s certification is accurate). 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. TEX. R. APP. P. 25.2(d). On May 25, 2012. we gave appellant notice that the appeal would be dismissed unless an amended trial court certification showing he has the right to appeal has been made part of the appellate record by June 25, 2012. 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). An amended certification showing appellant has the right to appeal has not been filed. We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d). PER CURIAM DO NOT PUBLISH -2-
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