Adam Lee Elmore v. State

• Court: Court of Appeals of Texas
• Decided: December 9, 2014
• Docket: 02-14-00417-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-14-00417-CR

ADAM LEE ELMORE APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 5 OF TARRANT COUNTY TRIAL COURT NO. 1332117

MEMORANDUM OPINION 1

A jury convicted appellant Adam Lee Elmore of assault. 2 The trial court set

his punishment at 365 days’ confinement, suspended imposition of that

sentence, and placed him on community supervision. The trial court signed a

1 See Tex. R. App. P. 47.4. 2 See Tex. Penal Code Ann. § 22.01(a)(1) (West Supp. 2014). certification stating that appellant had waived his right to appeal on the record.

Appellant and his trial counsel also signed the certification.

We sent a letter to appellant, through counsel, informing him of the

contents of the certification and stating that we could dismiss the appeal unless

by October 23, 2014, he filed a response showing grounds for continuing it.

Appellant has not responded. Thus, in accordance with the trial court’s

certification, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f), 44.3;

see also Hampton v. State, No. 02-14-00301-CR, 2014 WL 4364054, at *1 (Tex.

App.—Fort Worth Sept. 4, 2014, no pet.) (mem. op., not designated for

publication).

PER CURIAM

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

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: December 4, 2014