Michael Shaun Eplin v. State

Court of Appeals of Texas·Decided September 21, 2015·No. 07-15-00311-CR·Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-15-00311-CR ________________________

MICHAEL SHAUN EPLIN, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 320th District Court Potter County, Texas Trial Court No. 70-320-D; Honorable Don R. Emerson, Presiding

September 21, 2015

MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, Michael Shaun Eplin, was convicted of evading arrest or detention

with a vehicle. The trial court's certification of Appellant’s right to appeal filed in the

case reflects that Appellant's case is a plea-bargained case with no right of appeal and

that Appellant waived the right of appeal. The certification notwithstanding, Appellant

filed a notice of appeal challenging his conviction. By letter dated August 19, 2015, this court notified Appellant of the

consequences of the certification and invited him to file an amended certification

showing a right to appeal or demonstrate other grounds for continuing the appeal, on or

before August 31, 2015. Appellant has not filed an amended certification reflecting a

right of appeal or a response establishing good cause for continuing this appeal.

Consequently, we have no alternative but to dismiss the appeal based on the

certification signed by the trial court. See TEX. R. APP. P. 25.2(d).

It is so ordered.

Per Curiam

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