Leonard R. Williams v. State

• Court: Court of Appeals of Texas
• Decided: November 29, 2012
• Docket: 02-12-00467-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00467-CR

Leonard R. Williams § From the 213th District Court

§ of Tarrant County (1250047D)

v. § November 29, 2012

§ Per Curiam

The State of Texas § (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

PER CURIAM COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

LEONARD R. WILLIAMS APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION1

On September 24, 2012, as part of a plea-bargain agreement, Appellant

Leonard R. Williams pled guilty to theft of property valued under $1,500, and the

trial court sentenced him to six months’ confinement in a state-jail facility. Also

on September 24, 2012, the trial court certified that this is a plea-bargain case

and that Appellant has no right of appeal.

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

2 Despite the trial court’s certification, on October 2, 2012, Appellant filed a

notice of appeal. On October 9, 2012, we notified Appellant’s counsel that the

trial court’s certification indicating that Appellant had no right of appeal had been

filed in this court and that this appeal could be dismissed unless Appellant or any

party desiring to continue the appeal filed a response showing grounds for

continuing the appeal on or before October 19, 2012. See Tex. R. App. P.

25.2(d), 44.3. On October 10, 2012, we received a response from Appellant pro

se. We have reviewed that response and hold that it shows no grounds for

continuing the appeal.

Rule 25.2(a)(2) limits the right of appeal in a plea-bargain case to matters

that were raised by written motion filed and ruled on before trial or to cases in

which the appellant obtained the trial court’s permission to appeal. Tex. R. App.

P. 25.2(a)(2). The trial court’s certification denied permission to appeal, and

Appellant does not challenge a pretrial ruling on a written motion or the validity of

his waiver of the right to appeal such a motion, which the record shows he

waived as part of the plea-bargain agreement. Accordingly, we dismiss this

appeal. See Tex. R. App. P. 25.2(d), 43.2(f).

PER CURIAM

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH Tex.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

DELIVERED: November 29, 2012