Roy Benton Nutall v. State

• Court: Court of Appeals of Texas
• Decided: February 28, 2013
• Docket: 02-13-00017-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00017-CR

Roy Benton Nutall § From the 213th District Court

§ of Tarrant County (1293238D)

v. § February 28, 2013

§ 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

ROY BENTON NUTALL APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION1

Appellant Roy Benton Nutall attempts to appeal from his conviction for

theft of property between $1,500 and $20,000. Nutall pleaded guilty pursuant to

a plea bargain, and in accordance with the plea bargain, the trial court sentenced

him to six months’ confinement in state jail. The trial court’s certification of his

right to appeal states that this case “is a plea-bargain case, and the defendant

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

2 has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2). Additionally, Nutall

signed a waiver of his right to appeal.

On January 17, 2013, we notified Nutall that this appeal may be dismissed

based on the trial court’s certification unless he or any party desiring to continue

the appeal filed a response on or before January 28, 2013, showing grounds for

continuing the appeal. See Tex. R. App. P. 25.2(d), 43.2(f). Nutall filed a

response, but it does not state any grounds for continuing the appeal.

In accordance with the trial court’s certification, we therefore dismiss this

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

PER CURIAM

PANEL: WALKER, MCCOY, and MEIER, JJ.

DO NOT PUBLISH Tex.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

DELIVERED: February 28, 2013