William W. Roberts v. State

508 S.W.3d 481, 2015 Tex. App. LEXIS 12801, 2015 WL 9244634

• Court: Court of Appeals of Texas
• Decided: December 17, 2015
• Docket: NO. 02-15-00362-CR
• Status: Published

Opinion

MEMORANDUM OPINION 1

SUE WALKER, JUSTICE

Appellant William W. Roberts attempts to appeal from his conviction for possession of a controlled substance of less than one gram, namely cocaine. Roberts pleaded guilty pursuant to a plea bargain, and in accordance with the plea bargain, the trial court sentenced him to seven months’ confinement. 2 The trial court’s certification of his right to appeal states that this case “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2).

On November 10, 2015, we notified Roberts that this appeal could 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 November 20, 2015, showing grounds for continuing the appeal. 3 See Tex. R. App. P. 25.2(d), 44.3. No response has been filed.

In accordance with the trial court’s certification, we therefore dismiss this appeal. See Tex. R, App. P. 25.2(d), 43.2(f).

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

2 . The trial court’s original judgment incorrectly stated that Roberts was sentenced to nine months' confinement. The trial court subsequently entered a "Nunc Pro Tunc Order Correcting Minutes of the Court” by which the trial court amended and corrected the original judgment to reflect that Roberts was sentenced to seven months' confinement rather than nine months’ confinement.

3 . That same day, we also notified Roberts that it appeared we lacked jurisdiction over this appeal because his notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a).