Mark David Barshaw v. The State of Texas--Appeal from 264th District Court of Bell County

State: Texas

Docket No: 03-09-00079-CR

Case Date: 09/09/2011

Plaintiff: Willie Eldred Brown

Defendant: The State of Texas--Appeal from 144th Judicial District Court of Bexar County

Preview:Willie Eldred Brown v. The State of Texas--Appeal
from 144th Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-07-00577-CR
Willie E. BROWN,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-3948
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Catherine Stone, Justice
Steven C. Hilbig, Justice
Delivered and Filed: September 26, 2007
DISMISSED
Willie E. Brown pleaded nolo contendere to harassment of a public servant pursuant to a plea bargain agreement. The
trial court imposed sentence in accordance with the agreement and signed a certificate stating that this "is a plea-
bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). The clerk's record, which
includes the trial court's Rule 25.2(a)(2) certification and a written plea bargain agreement, has been filed. 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." Tex. R. App. P. 25.2(d).
The clerk's record establishes this is a plea bargain case; that is, the punishment assessed by the court does not exceed
the punishment recommended by the prosecutor and agreed to by the defendant. See Tex. R. App. P. 25.2(a)(2).
Brown's appointed appellate counsel has advised the court in writing that she has reviewed the record and can find no
right of appeal. After reviewing the record and counsel's notice, we agree that Brown 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). We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).
PER CURIAM
Do not publish
file:///C|/Users/Peter/Desktop/opinions/PDFs1/20542.html[8/20/2013 8:03:14 PM]

Download 20542.pdf