PHILLIPS v. STATE (2016)

MEMORANDUM OPINION

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 May 31, 2016, we ordered appellant to show cause in writing why this appeal should not be dismissed. Appellant's court-appointed attorney responded on June 23, 2016.

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 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