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Click here for the full text of this decision FACTS:Appellant’s counsel filed an Anders brief. Anders v. California, 386 U.S. 738 (1967). HOLDING:Affirmed. The court conducts an independent review of the record to discover whether there are arguable grounds for appeal and determines that there are none. The indictment of the appellant and motion to revoke invoked the district court’s jurisdiction, and that court assessed punishment within the range of punishment for the offense based on appellant’s plea bargain. OPINION:Vance, J.; Gray, C.J., Vance and Reyna, JJ. DISSENT:Gray, C.J. “This case presents an example of the majority’s result-oriented approach. The Court of Criminal Appeals has established the procedure for bringing appeals of plea-bargained cases. See Tex. R. App. P. 25.2(d), (f). By that procedure, 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.” Id. 25.2(d). The procedure also provides for several means of correcting defects in the certification. See id. 25.2(f). In Walker, this Court unanimously held, through then-Chief Justice Davis, that a certification of the defendant’s rights of appeal was not defective by virtue of stating that the defendant did not have the right of appeal. Walker, 110 S.W.3d at 510. In Harris, a majority of the Court engaged in a sua sponte review of the correctness of that procedure, and overruled Walker, without any suggestion that the Walker rule was poorly reasoned or unworkable. See Harris, ___ S.W.3d at ___, 2004 Tex. App. LEXIS 4366, at *2-*4. The majority has now determined that if the trial court does not file a correct certification that the defendant has the right of appeal, then we must abate the cause for the entry of an amended certification. Id., ___ S.W.3d at ___, 2004 Tex. App. LEXIS 4366, at *3-*4. . . . “In accordance with our precedent, Appellant’s certification is defective, and we should abate the appeal for an amended certification. In the alternative, we should dismiss the attempted appeal without abating it. Because the majority does neither, I respectfully dissent.”

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