David Lee Hood v. State ( 2010 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-10-00349-CR

David Lee Hood,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2005-320-C2

MEMORANDUM  Opinion

            David Lee Hood was convicted of forgery and sentenced to two years in state jail.  See Tex. Penal Code Ann. § 32.21 (Vernon Pamp. 2010).  The sentence was suspended and Hood was placed on community supervision for 5 years.  Community supervision was revoked on August 26, 2010.  Hood appeals the judgment revoking his community supervision.

            Hood was notified by letter of the Clerk dated September 29, 2010 that the case was subject to dismissal because it appeared that the certification of defendant’s right of appeal indicated that Hood waived his right of appeal.  See Tex. R. App. P. 25.2(d).  Hood was further warned that the Court would dismiss this appeal unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal.  More than 21 days have passed and Hood has not filed a response.

            Accordingly, this appeal is dismissed.  See Tex. R. App. P. 44.3.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Davis, and

            Judge Scoggins[1]

Appeal dismissed

Opinion delivered and filed November 17, 2010

Do not publish

[CR25]

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[1] The Honorable Al Scoggins, Jr., Judge of the 378th District Court of Ellis County, sitting by assignment of the Chief Justice of the Supreme Court of Texas pursuant to section 74.003(h) of the Government Code.  See Tex. Gov’t Code Ann. § 74.003(h) (Vernon 2005).