Elliot Vance Sirbaugh v. State

• Court: Court of Appeals of Texas
• Decided: July 17, 2015
• Docket: 02-15-00124-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-15-00124-CR

ELLIOT VANCE SIRBAUGH APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY TRIAL COURT NO. 1379759D

MEMORANDUM OPINION 1

Pursuant to a plea bargain, Appellant Elliot Vance Sirbaugh pleaded guilty

to reckless bodily injury to an elderly person, a state jail felony. See Tex. Penal

Code Ann. § 22.04(a), (g) (West Supp. 2014). In accordance with the plea

bargain, the trial court convicted Appellant of the offense and sentenced him to

one year’s confinement.

1 See Tex. R. App. P. 47.4. The trial court’s certification states that the case was plea-bargained and

that Appellant has no right of appeal and that Appellant had waived the right of

appeal. On April 21, 2015, we notified Appellant that this appeal may be

dismissed based on the trial court’s certification unless he or any party desiring to

continue the appeal filed a response on or before May 1, 2015, showing grounds

for continuing the appeal. See Tex. R. App. P. 25.2(a)(2), (d). No response has

been filed.

Therefore, in accordance with the trial court’s certification, we dismiss this

appeal. See Tex. R. App. P. 25.2(d), 43.2(f).

/s/ Lee Gabriel

LEE GABRIEL JUSTICE

PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.

DO NOT PUBLISH Tex.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

DELIVERED: July 16, 2015