Rickie Wayne Fagan v. State

• Court: Court of Appeals of Texas
• Decided: August 7, 2008
• Docket: 02-07-00188-CR
• Status: Published

Opinion

                                                COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                 FORT WORTH

                                        NO. 2-07-188-CR

RICKIE WAYNE FAGAN                                                        APPELLANT

                                                   V.

THE STATE OF TEXAS                                                                STATE

                                              ------------

           FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

                   MEMORANDUM OPINION^[1] ON REHEARING

On May 22, 2008, we granted the State=s motion for rehearing and withdrew this court=s prior opinion and judgment of March 27, 2008 because the original certification of appellant=s right of appeal was defective.^[2]  Accordingly, we abated the appeal so that the trial court could file an amended certification of appellant=s right of appeal.  On May 29, 2008, we reinstated the case after receiving an amended notice of appeal from the trial court indicating that this case Ais a plea-bargain case, and [appellant] has NO right of appeal.@  We sent appellant a letter giving him until June 26, 2008 to show grounds why the appeal should not be dismissed based upon the new certification, but we have not received any response.  See Tex. R. App. P. 25.2(d), 43.2(f).

Therefore, in accordance with the amended trial court certification, we dismiss this appeal.  See id.; Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Jackson v. State, 168 S.W.3d 239, 243 (Tex. App.CFort Worth 2005, no pet.).

PER CURIAM

PANEL:  LIVINGSTON, J.; CAYCE, C.J.; and MCCOY, J.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  August 7, 2008

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^[1]See Tex. R. App. P. 47.4.

^[2]Although the trial court=s certification of appellant=s right to appeal stated that this case Ais not a plea-bargain case, and the defendant has the right of appeal,@ the record shows that appellant pled guilty pursuant to a plea bargain.  See Tex. R. App. P. 25.2(a)(2); Shankle v. State, 119 S.W.3d 808, 812B14 (Tex. Crim. App. 2003); Menjivar v. State, No. 01-06-00085-CR, 2007 WL 4099409, at *2 (Tex. App.CHouston [1st Dist.] Nov. 15, 2007, no pet.) (AAn agreement to a sentencing cap is an agreed plea bargain for purposes of Rule 25.2(a)(2).@).