APPELLANT v. << (2012)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

The State of Texas

STATE

MEMORANDUM OPINION1

Pursuant to a plea bargain, Appellant Justin Barry McDonald signed a judicial confession and pled guilty to injury to a child causing bodily injury, a third-degree felony,² and true to an enhancement paragraph, and the trial court convicted him of that offense and sentenced him to two years' confinement.³  Appellant filed a timely pro se notice of appeal.

The trial court's certification states that this is a plea-bargained case and that Appellant has no right of appeal.   Accordingly, we informed Appellant by letter in July 2012 that this case was subject to dismissal unless he or any party showed grounds for continuing the appeal on or before Friday, July 27, 2012.⁴  Appellant's response does not show grounds for continuing the appeal.   We therefore dismiss this appeal.⁵

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

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

DELIVERED:  August 23, 2012

FOOTNOTES

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

FN2. See Tex. Penal Code Ann. § 22.04(a)(3)(f) (West Supp.2012)..  FN2. See Tex. Penal Code Ann. § 22.04(a)(3)(f) (West Supp.2012).

FN3. See id. §§ 12.33(a)–(b) (West 2011) (providing punishment range for second-degree jail felony is two to twenty years' confinement and a fine of up to $10,000), 12.42(a) (West Supp.2012) (providing defendant convicted of third-degree felony when proof is shown of prior felony conviction will be punished for second-degree felony)..  FN3. See id. §§ 12.33(a)–(b) (West 2011) (providing punishment range for second-degree jail felony is two to twenty years' confinement and a fine of up to $10,000), 12.42(a) (West Supp.2012) (providing defendant convicted of third-degree felony when proof is shown of prior felony conviction will be punished for second-degree felony).

FN4. See Tex.R.App. P. 25.2(a)(2), 25.2(d)..  FN4. See Tex.R.App. P. 25.2(a)(2), 25.2(d).

FN5. See Tex.R.App. P. 25.2(d), 43.2(f)..  FN5. See Tex.R.App. P. 25.2(d), 43.2(f).