Jose Hipolito Diaz v. State

• Court: Court of Appeals of Texas
• Decided: December 14, 2011
• Docket: 10-11-00420-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00420-CR

JOSE HIPOLITO DIAZ, Appellant v.

THE STATE OF TEXAS, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 11-01361-CRF-272

MEMORANDUM OPINION

Jose Hipolito Diaz was convicted of the felony offense of assault--family violence

with priors and sentenced to four years in prison. TEX. PENAL CODE ANN. § 22.01(b)(2)

(West 2011). By letter dated November 8, 2011, the Clerk of this Court notified Diaz

that his appeal was subject to dismissal because the certification of defendant’s right of

appeal which Diaz signed indicated that the underlying criminal case was a plea

bargain case and Diaz had no right to appeal and that Diaz waived his right to appeal.

See TEX. R. APP. P. 25.2(d). The Clerk also warned Diaz that the Court would dismiss the

appeal unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. More than 21 days have

passed and a response has not been filed.

Accordingly, this appeal is dismissed. TEX. R. APP. P. 44.3.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed December 14, 2011 Do not publish [CR25]

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