Christopher Michael Alderete v. State ( 2010 )

NO. 07-10-0429-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
NOVEMBER 23, 2010
______________________________
CHRISTOPHER MICHAEL ALDERETE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 58,716-D; HONORABLE DON EMERSON, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Christopher Michael Alderete, entered a plea of true to the State's
allegations in its motion to proceed with adjudication of guilt after having been granted
deferred adjudication community supervision for the offense of assault on a family
member1. After hearing evidence that Appellant had violated the terms and conditions
of community supervision, the trial court adjudicated him guilty and sentenced him to
1
Tex. Penal Code Ann. § 22.01(b)(2) (Vernon Supp. 2010).
fifteen years confinement. The Trial Court's Certification of Defendant's Right to Appeal
indicates that Appellant's case was a plea-bargain case with no right of appeal and that
Appellant waived his right of appeal.
By letter dated October 21, 2010, this Court notified Appellant of the
consequences of the certification and invited him to either file an amended certification
showing a right of appeal or demonstrate other grounds for continuing the appeal on or
before November 10, 2010. Appellant was also notified that failure to do so might result
in dismissal of the appeal pursuant to Rule 25.2 of the Texas Rules of Appellate
Procedure.
In response to this Court's letter, Appellant filed a "Motion for Extension of Time"
on his appeal to seek help from outside sources. He also expressed an intent to file a
petition for discretionary review with the Texas Court of Criminal Appeals. Appellant's
response, however, does not contradict the trial court's certification. Appellant also
failed to file an amended certification reflecting a right of appeal and did not show cause
for continuing his appeal. Consequently, this appeal is dismissed based on the
certification signed by the trial court. See Tex. R. App. P. 25.2(d).
Patrick A. Pirtle
Justice
Do not publish.
2