APPELLANT v. << (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

The State of Texas

STATE

MEMORANDUM OPINION1

Pursuant to a plea bargain, Appellant Jerry Paul Lundgren pleaded guilty to driving while intoxicated second.   See Tex. Penal Code Ann. 49.09(a) (Vernon Supp.2010).   The trial court sentenced Appellant on January 7, 2011, to 365 days' confinement, suspended the sentence of confinement, and placed him on community supervision for eighteen months.   The trial courts certification of Appellants right of appeal states that this “is a plea-bargain case, and the defendant has NO right of appeal.   Appellant filed a notice of appeal on January 19, 2011.   Concerned that we did not have jurisdiction over this appeal, we sent a letter to Appellants retained counsel requesting a response by January 31, 2011, showing grounds for continuing the appeal.   We have not received a response.²  Accordingly, we dismiss the appeal for want of jurisdiction.   See Tex.R.App. P. 25.2(a)(2), (d), 43.2(f).

PANEL:  WALKER, MCCOY, and MEIER, JJ.

Tex.R. App. P. 47.2(b)

DELIVERED:  March 3, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

FN2. We did receive a copy of a motion for new trial that was filed in the trial court on January 28, 2011.   This does not, however, address the issue of the trial court's certification.   See Estrada v. State, 149 S.W.3d 280, 282 (Tex.App.-Houston [1st Dist.] 2004, pet. ref'd) (op. on reh'g and for en banc reconsideration) (stating that there is no exception for the trial court's refusal to grant permission to appeal)..  FN2. We did receive a copy of a motion for new trial that was filed in the trial court on January 28, 2011.   This does not, however, address the issue of the trial court's certification.   See Estrada v. State, 149 S.W.3d 280, 282 (Tex.App.-Houston [1st Dist.] 2004, pet. ref'd) (op. on reh'g and for en banc reconsideration) (stating that there is no exception for the trial court's refusal to grant permission to appeal).