Elliot Vance Sirbaugh v. The State of Texas (2015)

MEMORANDUM OPINION 1

Pursuant to a plea bargain, Appellant Elliot Vance Sirbaugh pleaded guilty to reckless bodily injury to an elderly person, a state jail felony.   See Tex. Penal Code Ann. § 22.04(a), (g) (West Supp.2014).   In accordance with the plea bargain, the trial court convicted Appellant of the offense and sentenced him to one year's confinement.

The trial court's certification states that the case was plea-bargained and that Appellant has no right of appeal and that Appellant had waived the right of appeal.   On April 21, 2015, we notified Appellant that this appeal may be dismissed based on the trial court's certification unless he or any party desiring to continue the appeal filed a response on or before May 1, 2015, showing grounds for continuing the appeal.   See Tex.R.App. P. 25.2(a)(2), (d).  No response has been filed.

Therefore, in accordance with the trial court's certification, we dismiss this appeal.   See Tex.R.App. P. 25.2(d), 43.2(f).

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

LEE GABRIEL, JUSTICE