Robert Neal Carter, Appellant v. The State of Texas, State (2015)

MEMORANDUM OPINION 1

Appellant Robert Neal Carter attempts to appeal from his conviction and 180–day sentence for possession of less than a gram of methamphetamine.²  On the same day that the trial court sentenced appellant, it signed a certification of his right to appeal.  The certification stated that this is “a plea-bargain case, and [appellant] has NO right of appeal.”  Appellant and his trial counsel signed the certification.  Nonetheless, appellant filed a notice of appeal.

On August 25, 2015, we sent a letter to appellant, through his appointed counsel, that informed him of the statement in the certification and that explained that unless he filed a response showing grounds for continuing the appeal by September 4, 2015, the appeal could be dismissed.  See Tex.R.App. P. 25.2(a)(2), (d), 44.3.  Appellant has not responded to our letter.  Thus, in accordance with the trial court's certification that appellant has no right to appeal, we dismiss the appeal.  See Tex.R.App. P. 25.2(d), 43.2(f);  Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006).

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

2.   See Tex. Health & Safety Code Ann. § 481.115(b) (West 2010).

PER CURIAM