Cassandra Provence v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 24, 2022
• Docket: 07-22-00053-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-22-00053-CR ________________________

CASSANDRA PROVENCE, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 137th District Court Lubbock County, Texas Trial Court No. DC-2022-CR-0121; Honorable John J. McClendon III, Presiding

March 24, 2022

MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ.

Pursuant to a plea bargain agreement, Appellant, Cassandra Provence, was

convicted of burglary of a habitation1 and sentenced to fifteen years confinement. The

trial court’s certification of Appellant’s right of appeal reflects that this is a plea bargain

1 See TEX. PENAL CODE ANN. § 30.02(c)(2). case from which Appellant has no right of appeal and that Appellant has waived the right

of appeal. Notwithstanding the certification, Appellant filed a notice of appeal, pro se,

challenging her conviction.

We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a

certification that shows the defendant has the right of appeal has not been made part of

the record.” By letter of February 25, 2022, we notified Appellant of the consequences of

the trial court’s certification and directed her to file a response demonstrating grounds for

continuing the appeal by March 11. To date, Appellant has not filed a response or had

any further communication with this court.

Accordingly, we dismiss the appeal based on the trial court’s certification. See

TEX. R. APP. P. 25.2(d).

Per Curiam

Do not publish.