John Murphy v. State

• Court: Court of Appeals of Texas
• Decided: February 20, 2013
• Docket: 07-13-00036-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

________________________

No. 07-13-0036-CR ________________________

JOHN MURPHY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 361[ST] District Court Brazos County, Texas Trial Court No. 11-00935-CRF-361, Honorable Harold "Bob" Towslee, Presiding

February 20, 2013

MEMORANDUM OPINION

Before Quinn, C.J., and Hancock and Pirtle, JJ.

Pursuant to a plea bargain, Appellant, John Murphy, was convicted of injury to a child, elderly individual, or disabled individual with an affirmative finding on use of a deadly weapon and sentenced to thirty-five years confinement. The Trial Court's Certification of Defendant's Right of Appeal reflects that Appellant's case is a plea bargain case, that he has no right of appeal and that he waived the right of appeal. The certification notwithstanding, Appellant's counsel filed a notice of appeal challenging the conviction. By letter dated January 16, 2013, the transferor court notified Appellant's counsel of the consequences of the certification and invited him to file a response showing grounds for continuing the appeal on or before February 6, 2013, noting that failure to do so would result in dismissal of the appeal. Counsel did not file a response. Consequently, we have no alternative but to dismiss this appeal based on the certification signed by the trial court. See Tex. R. App. P. 25.2(d). Patrick A. Pirtle Justice

Do not publish.