Jonathan Eugene Patrick v. State

Opinion

02-12-311-CR

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00311-CR

Jonathan Eugene Patrick		APPELLANT
V.
The State of Texas		STATE

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FROM Criminal District Court No. 3 OF Tarrant COUNTY

MEMORANDUM OPINION[1]

Pursuant to a plea bargain, Jonathan Eugene Patrick pled guilty to possession of one or more but less than four grams of methamphetamine.  The trial court’s certification of appellant’s right to appeal states that this “is a plea-bargain case, and the defendant has NO right of appeal.”

On July 20, 2012, we sent the parties a letter notifying them that the appeal could be dismissed unless any party filed a response showing grounds for continuing the appeal.  See Tex. R. App. P. 25.2(d), 43.2(f).  We have not received a response.

Rule 25.2(a)(2) provides that a plea-bargaining defendant may appeal only matters that were raised by written motion filed and ruled on before trial or after getting the trial court’s permission to appeal.  Tex. R. App. P. 25.2(a)(2); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).  Because the trial court’s certification shows that neither of these exceptions is applicable, we dismiss this appeal.  See Tex. R. App. P. 25.2(a)(2), (d), 44.3; Chavez, 183 S.W.3d at 680.

PER CURIAM

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DO NOT PUBLISH

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

DELIVERED:  September 27, 2012

Jonathan Eugene Patrick The State of Texas

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From Criminal District Court No. 3 of Tarrant County (1268363D) September 27, 2012 Per Curiam (nfp)

JUDGMENT

          This court has considered the record on appeal in this case and holds that the appeal should be dismissed.  It is ordered that the appeal is dismissed

SECOND DISTRICT COURT OF APPEALS

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[1]See Tex. R. App. P. 47.4.