Jose Guadalupe Salazar v. State

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00294-CR

JOSE GUADALUPE SALAZAR APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 1 OF DENTON COUNTY

MEMORANDUM OPINION1

Appellant Jose Guadalupe Salazar attempts to appeal from the trial court’s

revocation of his community supervision for assault-family violence.2 On

June 29, 2012, the trial court signed an order revoking appellant’s community

supervision and imposing a sentence of ninety days’ incarceration. On the same

day, the trial court signed a certification of appellant’s right to appeal, which was 1 See Tex. R. App. P. 47.4. 2 See Tex. Penal Code Ann. § 22.01(a) (West 2011). also signed by appellant and appellant’s counsel. The certification states that

appellant “waived [his] right of appeal.” Nonetheless, just a few days after

signing the certification, appellant filed a notice of appeal.

On July 6, 2012, through a letter, we notified appellant of the contents of

the certification and stated that we would dismiss the appeal unless he filed a

response showing grounds for continuing the appeal. See Tex. R. App. P.

25.2(a)(2), (d). We have not received a response. Therefore, in accordance with

the trial court’s certification, we dismiss this appeal. See Tex. R. App. P. 25.2(d)

(“The appeal must be dismissed if a certification that shows the defendant has

the right of appeal has not been made part of the record under these rules.”),

43.2(f); Jackson v. State, 168 S.W.3d 239, 243 (Tex. App.—Fort Worth 2005, no

pet.).

PER CURIAM

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

DO NOT PUBLISH Tex.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

DELIVERED: September 13, 2012