Murjan Issack Abdi v. The State of Texas Appeal from 226th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00023-CR Murjan Issack ABDI, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR8191B Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: February 6, 2019 DISMISSED The trial court’s certification in this appeal states “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; Rule 25.2(a)(2) applies. See TEX. R. APP. P. 25.2(a)(2). This court must dismiss this appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” Id. R. 25.2(d); see Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). 04-19-00023-CR On January 16, 2019, we notified Appellant that this appeal would be dismissed under Rule 25.2(d) unless an amended trial court certification showing that Appellant has the right of appeal is made part of the appellate record by February 5, 2019. See TEX. R. APP. P. 25.2(d), 37.1; see also Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005); Daniels v. State, 110 S.W.3d 174, 176 (Tex. App.—San Antonio 2003, no pet.). On January 25, 2019, Patrick Ballantyne, Appellant’s court-appointed appellate counsel, filed an Anders brief stating that he had reviewed the record, and he conceded that this court has no choice but to dismiss this appeal. See Anders v. California, 386 U.S. 738, 744 (1967); High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). Appellate counsel also filed a motion to withdraw. Considering Rule 25.2(d)’s requirements, the record, and Appellant’s response, we dismiss this appeal. See TEX. R. APP. P. 25.2(d); Dears, 154 S.W.3d at 613. Counsel’s motion to withdraw is granted. See TEX. R. APP. P. 25.2 cmt. (“If a sufficient . . . certification is not filed after the appellate court deals with the [trial court certification] defect, . . . representation by an appointed attorney may cease.”). PER CURIAM DO NOT PUBLISH -2-