Cindy Jane Harrington v. State ( 2010 )

NO. 07-10-00209-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JULY 27, 2010
CINDY JANE HARRINGTON, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY;
NO. 21,208-C; HONORABLE ANA ESTEVEZ, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Cindy Jane Harrington, filed notice of appeal from her conviction for
possession of a controlled substance with intent to deliver and accompanying sentence
of two years incarceration in the Institutional Division of the Texas Department of
Criminal Justice, suspended, with placement on community supervision for a period of
five years and $1,500 fine. The certification of defendant=s right of appeal, executed by
the trial court and signed by appellant and her trial counsel, states that the case Ais a
plea-bargain case, and the defendant has NO right of appeal@ and "the defendant has
waived the right of appeal." By letter dated June 24, 2010, we notified appellant of this
certification and informed her that the appeal is subject to dismissal based on the
certification unless, by July 15, 2010, we received an amended certification illustrating
that appellant has the right to appeal or appellant otherwise demonstrates other
grounds for continuing the appeal.
To date, this Court has received neither an amended certification establishing
appellant’s right to appeal nor the identification of any other ground for continuing the
appeal. Our review of the clerk’s record confirms that this was a plea-bargain case and
that appellant affirmatively waived her right to appeal. Accordingly, we must, and do,
dismiss the appeal. TEX. R. APP. P. 25.2(d); See also Chavez v. State, 183 S.W.3d
675, 680 (Tex.Crim.App. 2006) (we must dismiss prohibited appeal without further
action).
Mackey K. Hancock
Justice
Do not publish.
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