GRIFFIN v. STATE (2017)

MEMORANDUM OPINION

Robin Louise Griffin pleaded guilty to five counts of possession of a controlled substance. The trial court sentenced Appellant to imprisonment for fifteen years on count one and twenty years for each of the remaining counts, to run concurrently. Appellant filed a notice of appeal.

The clerk's record has been filed. See Tex. R. App. P. 25.2(d). The record contains the trial court's certification, which states that this “is a plea-bargain case, and the defendant has no right of appeal.” The certification was signed by Appellant and defense counsel. See id. The certification, however, dated November 3, 2016, predates the December 28, 2016 judgment and sentence.

On February 27, 2017, this Court notified Appellant that the clerk's record filed in this case failed to contain the trial court's certification of Appellant's right of appeal specifically required by Texas Rule of Appellate Procedure 25.2(d). We further notified Appellant that, unless a supplemental clerk's record is filed with this Court in compliance with Rule 25.2(d) on or before March 14, 2017, the appeal would be referred to the Court for dismissal. The deadline has passed, and Appellant has not responded to this Court's notice. However, on March 14, we received correspondence from the trial court, which stated that this is a “plea/charge bargain agreement” and that Appellant has no right of appeal. The trial court declined to file a supplemental clerk's record.

When, as in this case, a “certification that shows the defendant has the right of appeal has not been made part of the record,” we must dismiss the appeal. Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM