Amanda Louise Willis v. The State of Texas Appeal from 216th Judicial District Court of Kerr County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00304-CR Amanda Louise WILLIS, Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A1730 Honorable N. Keith Williams, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: August 1, 2018 APPEAL DISMISSED Pursuant to a plea bargain with the State, appellant Amanda Louise Willis pled guilty to the offense of delivery of a controlled substance, specifically methamphetamine, in an amount of one gram or more but less than 4 grams. The trial court imposed sentence in accordance with the agreement and signed a certificate stating 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 trial court’s rule 25.2(a)(2) certification and a written plea bargain agreement, has also been filed. See id. R. 25.2(d). 04-18-00304-CR 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 id. R. 25.2(a)(2). The clerk’s record also supports the trial court’s certification 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). 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.” See TEX. R. APP. P. 25.2(d). Accordingly, on June 5, 2018, we gave appellant notice that the appeal would be dismissed unless an amended trial court certification showing she has the right to appeal was made part of the record by July 5, 2018. See id. R. 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). Neither an amended certification nor other response has been filed. We therefore dismiss this appeal. See TEX. R. APP. P. 25.2(d). PER CURIAM DO NOT PUBLISH -2-
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