Kurt Conrad Miller v. The State of TexasAppeal from 186th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00603-CR Kurt Conrad MILLER, Appellant v. The STATE of TexasAppellee The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR8700 Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: October 9, 2013 DISMISSED Pursuant to a plea agreement with the State, appellant Kurt Conrad Miller pleaded nolo contendere to the offense of credit card abuse. The trial court imposed sentence in accord with the plea 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). Appellant 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 04-13-00603-CR certification that shows the defendant has the right of appeal has not been made part of the record. Id. This court gave appellant 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). Appellant s appointed appellate counsel filed a written response, stating he has reviewed the record and can find no right of appeal. After reviewing the record and counsel s notice, we agree that 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). We therefore dismiss this appeal. TEX. R. APP. P. 25.2(d). PER CURIAM Do Not Publish -2-
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