David B. Henry v. State

• Court: Court of Appeals of Texas
• Decided: May 14, 2015
• Docket: 10-15-00110-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-15-00110-CR

DAVID B. HENRY, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2013-431-C1

MEMORANDUM OPINION

David Bruce Henry pled guilty to the felony offense of driving while intoxicated

and sentenced to life in prison. See generally TEX. PENAL CODE ANN. § 49.04 (West 2011).

He timely appealed the trial court’s judgment. After the notice of appeal was filed,

Henry signed a waiver of his right to appeal.

By letter dated April 21, 2015, the clerk notified Henry that the subsequent

waiver may deprive the Court of jurisdiction to decide the appeal. See Marsh v. State,

444 S.W.3d 654, 660 (Tex. Crim. App. 2014). In the same letter, Henry was warned that the Court would dismiss this appeal unless, within 14 days of the date of the letter, a

response was filed showing grounds for continuing the appeal. More than 14 days have

passed and no response has been filed.

Accordingly, this appeal is dismissed. See TEX. R. APP. P. 44.3.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed May 14, 2015 Do not publish [CRPM]

Henry v. State Page 2