John F. Prather v. State

• Court: Court of Appeals of Texas
• Decided: May 8, 2008
• Docket: 02-08-00118-CR
• Status: Published

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-118-CR

JOHN F. PRATHER APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION ^{(footnote: 1)}

Appellant John F. Prather attempts to appeal from his conviction for theft.  The trial court’s certification states that this “is a plea-bargain case, and [Prather] has NO right of appeal.”   See Tex. R. App. P. 25.2(a)(2), (d).  We informed Prather’s appointed counsel by letter dated April 18, 2008, that the appeal may be dismissed unless she or any party desiring to continue the appeal filed a response by April 28, 2008, showing grounds for continuing the appeal.  No response has been filed.   See Tex. R. App. P. 25.2(d), 44.3.

Rule 25.2(a)(2) limits the right to appeal in a plea bargain case to those matters that were raised by written motion filed and ruled on before trial or to those cases where the appellant obtained the trial court’s permission to appeal.   See Tex. R. App. P. 25.2(a)(2)(A), (B).  According to the trial court’s certification, neither of these circumstances apply because the certification states that there is no right to appeal.  Because the trial court’s certification affirmatively shows that Prather has no right of appeal, we dismiss the appeal.   See Tex. R. App. P. 43.2(f); High v. State , 115 S.W.3d 581, 582 (Tex. App.—Waco 2003, pet. ref’d).

PER CURIAM

PANEL D:  HOLMAN, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

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

DELIVERED:  May 8, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.