Michael Aaron Meares v. State ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00213-CR
MICHAEL AARON MEARES APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1498158D
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MEMORANDUM OPINION 1
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Michael Aaron Meares attempts to appeal from his state-jail-felony
conviction for possession of less than one gram of a controlled substance—
methamphetamine. See Tex. Health & Safety Code Ann. § 481.115(b) (West
2017). Meares pleaded guilty pursuant to a plea bargain, and in accordance with
the plea bargain, he was sentenced to one year in a state-jail facility. And
1
See Tex. R. App. P. 47.4.
consistent with that plea, the “Trial Court’s Certification of Defendant’s Right of
Appeal” states that this “is a plea-bargain case, and the defendant has NO right of
appeal.” See Tex. R. App. P. 25.2(a)(2).
On May 22, 2018, we notified Meares that his appeal could be dismissed
based on the trial court’s certification unless he or any party desiring to continue
the appeal filed a response on or before June 1, 2018, showing grounds for
continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. No timely response has
been filed. 2
In accordance with the trial court’s certification, we dismiss Meares’s appeal.
See Tex. R. App. P. 25.2(d), 43.2(f).
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE
PANEL: KERR, PITTMAN, and BIRDWELL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 9, 2018
2
Meares filed a late response on June 19, 2018. Even with Meares’s late
response, the record does not show either that he wants to appeal a trial-court
ruling on a pretrial motion that was disposed of before trial or that the trial court
granted him permission to appeal. See Tex. R. App. P. 25.2(a)(2).
2