Efrain Carrillo Garcia A/K/A Garcia Efrain v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00336-CR
David Lee Hayman § From the 30th District Court
§ of Wichita County (45,968-A)
v. § December 21, 2012
§ 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 for
want of jurisdiction.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00536-CR
EFRAIN CARRILLO GARCIA A/K/A APPELLANT
GARCIA EFRAIN
V.
THE STATE OF TEXAS STATE
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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Efrain Carrillo Garcia a/k/a Garcia Efrain attempts to appeal from
his conviction for the sexual assault of a child. See Tex. Penal Code Ann.
§ 22.011(a)(2) (West 2011). The trial court’s certification of Garcia’s right to
appeal states that this “is a plea bargain case, and the defendant has NO right of
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See Tex. R. App. P. 47.4.
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appeal” and that “the defendant has waived the right of appeal.” See Tex. R.
App. P. 25.2(a)(2).
On November 14, 2012, we notified Garcia’s retained trial counsel of
Garcia’s pro se notice of appeal, that the certification indicating that Garcia had
no right to appeal had been filed in this court, and that this appeal could be
dismissed unless Garcia or any party desiring to continue the appeal filed a
response showing grounds for continuing the appeal on or before November 26,
2012. See Tex. R. App. P. 25.2(d). To date, we have received no response
showing any grounds for continuing the appeal. Rule 25.2(a)(2) limits the right of
appeal in a plea bargain case to matters that were raised by written motion filed
and ruled on before trial or to cases in which the appellant obtained the trial
court’s permission to appeal. Tex. R. App. P. 25.2(a)(2). In the present case,
the trial court’s certification states that Garcia has no right to appeal and that he
has waived his right to appeal. Accordingly, we dismiss this appeal. See Tex. R.
App. P. 25.2(d), 43.2(f).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 21, 2012
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