Kevin Odell v. The State of Texas Appeal 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. 04-15-00055-CR Kevin ODELL, Appellant v. The The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR5506 Honorable Jefferson Moore, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice Delivered and Filed: March 25, 2015 DISMISSED From our initial review of the record it appeared appellant has no right of appeal pursuant to Texas Rule of Appellate Procedure 25.2(a), (d). Therefore, on February 11, 2015, we ordered appellant to show cause in writing why this appeal should not be dismissed. Appellant’s courtappointed attorney responded on March 11, 2015. Review of the record reveals the trial court’s certification states: “this criminal case is a plea-bargain case, and the defendant has no right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides an appeal “must be dismissed if a certification that shows the 04-15-00055-CR defendant has the right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). The clerk’s record, which was filed electronically, contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the clerk’s record supports the trial court’s certification that defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). In addition, appellant’s counsel filed a response, in which counsel states he reviewed the electronic clerk’s record and can find no right of appeal for appellant; counsel concedes that the trial court’s certification, stating the defendant has no right of appeal, is correct. In light of the record presented, we agree with appellant’s counsel that appellant has no right of appeal; therefore, Rule 25.2(d) requires this court to dismiss this appeal. TEX. R. APP. P. 25.2(d). Accordingly, the appeal is dismissed. See TEX. R. APP. P. 25.2(d). PER CURIAM DO NOT PUBLISH -2-

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