Michael Tapia v. the State of Texas

Court of Appeals of Texas·Decided October 12, 2022·No. 10-22-00243-CR·Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00243-CR

MICHAEL TAPIA, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2015-74-C1

MEMORANDUM OPINION

Michael Tapia appeals his 2016 convictions for aggravated assault against a public

servant and evading arrest or detention with a vehicle. See TEX. PENAL CODE §§ 22.02;

38.04. Because the trial court's certificate of right of appeal indicates Tapia has waived

his right to appeal, this appeal must be dismissed. See TEX. R. APP. P. 25.2(d) ("The appeal

must be dismissed if a certification that shows the defendant has the right of appeal has

not been made part of the record under these rules."); Monreal v. State, 99 S.W.3d 615, 622

(Tex. Crim. App. 2003) (waiver of appeal). By letter dated September 16, 2022, the Clerk of this Court warned Tapia that his

appeal would be dismissed unless, within 14 days from the date of the letter, a response

was filed with the Court showing grounds for continuing the appeal. More than 14 days

have passed, and Tapia had not responded.

Accordingly, this appeal is dismissed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed October 12, 2022 Do not publish [CR25]

Tapia v. State Page 2

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Related

Monreal v. State
99 S.W.3d 615 (Court of Criminal Appeals of Texas, 2003)