Leticia Miller Curtis v. State

Opinion

Opinion filed September 13, 2018

In The

Eleventh Court of Appeals

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No. 11-18-00209-CR

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LETICIA MILLER CURTIS, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas

Trial Court Cause No. 27606A

MEMORANDUM OPINION

Appellant, Leticia Miller Curtis, entered into a plea agreement with the State and pleaded guilty to the third-degree felony offense of driving while intoxicated. In accordance with the terms of the plea agreement, the trial court assessed Appellant’s punishment at confinement for six years. Appellant filed a pro se notice of appeal. We dismiss the appeal.

This court notified Appellant by letter that we had received information from the trial court that this is a plea bargain case in which Appellant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d). We requested that Appellant respond

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and show grounds to continue the appeal. Appellant filed a response, but it does not provide any grounds upon which this appeal may continue.

Rule 25.2(a)(2) provides that, in a plea bargain case in which the punishment does not exceed the punishment agreed to in the plea bargain, “a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court’s permission to appeal.” The documents on file in this appeal reflect that Appellant entered into a plea bargain, that her punishment was assessed in accordance with the plea bargain, and that Appellant waived her right of appeal. The trial court certified that Appellant has no right of appeal. Both the plea agreement and the trial court’s certification were signed by Appellant, Appellant’s counsel, and the judge of the trial court. The documents on file in this court support the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 613–14 (Tex. Crim. App. 2005). Accordingly, we must dismiss this appeal without further action. TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

Accordingly, this appeal is dismissed.

PER CURIAM

September 13, 2018 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Willson, J., Bailey, J., and Wright, S.C.J. 1

Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.