Steven Aviles v. State ( 2011 )

                                                            NO. 07-11-0208-CR

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                      PANEL E

                                                                  JUNE 8, 2011

                                            ______________________________

                                                              STEVEN AVILES,

Appellant

                                                                             v.

                                                        THE STATE OF TEXAS,

Appellee

                                           _______________________________

                      FROM THE 137th DISTRICT COURT OF LUBBOCK COUNTY;

                         NO. 2006-414,317; HON. JOHN McCLENDON, PRESIDING

                                           _______________________________

                                                        ORDER OF DISMISSAL

                                           _______________________________

Before QUINN, C.J., PIRTLE, J., and BOYD, S.J.^[1]

            Appellant Steven Aviles appeals his conviction for possession of marijuana.  Appellant, his attorney, and the trial court judge signed a waiver of right to appeal that states that A[t]he Defendant in the above-entitled and –numbered cause, with advice of his attorney, after having been found guilty, judgment accordingly having been entered and Defendant having filed a Notice of Appeal in this cause, does hereby withdraw his Notice of Appeal and abandon and withdraw his right of appeal.”  This circumstance was brought to the attention of appellant and opportunity was granted him to obtain an amended certification entitling him to appeal.  No such certification was received within the time we allotted.  Having received no amended certification, we dismiss the appeal per Texas Rule of Appellate Procedure 25.2(d).

Per Curiam

Do not publish.

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^[1]John T. Boyd, Senior Justice, sitting by assignment.