Malcolm Alonzo v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00472-CR
___________________________
MALCOLM ALONZO, Appellant
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 3
Tarrant County, Texas
Trial Court No. 1560705D
Before Bassel, J.; Sudderth, C.J.; and Womack, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Malcolm Alonzo attempts to appeal from his conviction for unauthorized use
of a vehicle. See Tex. Penal Code Ann. § 31.07. Alonzo pleaded guilty pursuant to a
plea bargain and pleaded true to the enhancement, and in accordance with the plea
bargain, the trial court sentenced him to three years’ confinement. See id. § 12.425(b)
(elevating permissible punishment range for state-jail felony to that of second-degree
felony if it is shown that defendant was previously convicted of two felonies and that
second previous felony conviction occurred after first one became final). Consistent
with that plea, the “Trial Court’s Certification of Defendant’s Right of Appeal” states
that this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex.
R. App. P. 25.2(a)(2).
On October 31, 2018, we notified Alonzo that his 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 12, 2018, showing grounds for
continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. In response to a motion
filed by Alonzo, we subsequently extended his deadline to respond, giving him until
January 3, 2019. No response has been filed.
In accordance with the trial court’s certification, we dismiss Alonzo’s appeal.
See Tex. R. App. P. 25.2(d), 43.2(f).
Per Curiam
Do Not Publish
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Tex. R. App. P. 47.2(b)
Delivered: January 31, 2019
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