APPELLANT v. STATE FROM OF COUNTY 29 2012

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Court of Appeals of Texas, Waco.

Jose Guadalupe Salazar APPELLANT v. The State of Texas STATE FROM County Criminal Court No. 1 OF Denton COUNTY Appellant Jose Guadalupe Salazar attempts to appeal from the trial court's revocation of his community supervision for assault-family violence.2  On June 29, 2012, the trial court signed an order revoking appellant's community supervision and imposing a sentence of ninety days' incarceration.  On the same day, the trial court signed a certification of appellant's right to appeal, which was also signed by appellant and appellant's counsel.  The certification states that appellant “waived [his] right of appeal.”  Nonetheless, just a few days after signing the certification, appellant filed a notice of appeal.

NO. 02–12–00294–CR

Decided: September 13, 2012

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

PANEL:  LIVINGSTON, C.J.;   DAUPHINOT and GARDNER, JJ.

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

DELIVERED:  September 13, 2012

FOOTNOTES

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

FN2. See Tex. Penal Code Ann. § 22.01(a) (West 2011)..  FN2. See Tex. Penal Code Ann. § 22.01(a) (West 2011).

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