Larry Dewayne Lee, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: July 12, 2013
• Docket: 10-13-00178-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-13-00178-CR

LARRY DEWAYNE LEE, JR., Appellant v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No 2 Brazos County, Texas Trial Court No. 11-00126-CRM-CCL2

MEMORANDUM OPINION

Appellant Larry Dewayne Lee, Jr., appeals from an order deferring adjudication

of his guilt and placing him on community supervision. The trial court’s certification of

Lee’s right to appeal states that this criminal case “is a plea-bargain case, and the

defendant has NO right to appeal” and that “the defendant has waived the right of

appeal.” By letter dated June 12, 2013, the Clerk of this Court warned Lee that the

Court must dismiss this appeal unless, within thirty days after the date of the letter, the

Court received a certification stating that Lee has a right to appeal or he showed other grounds for continuing the appeal. See TEX. R. APP. P. 25.2(d); Chavez v. State, 183

S.W.3d 675, 680 (Tex. Crim. App. 2006). On July 3, 2013, we received a response from

Lee, but we have not been provided with a certification stating that Lee has a right to

appeal, nor did Lee show other grounds for continuing the appeal.

Accordingly, this appeal is dismissed.1 See Chavez, 183 S.W.3d at 680; Davis v.

State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed July 12, 2013 Do not publish [CR25]

1 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. TEX. R. APP. P. 49.1. A petition for discretionary review must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. TEX. R. APP. P. 68.2(a).

Lee v. State Page 2