Mark Allen Carter v. State ( 2018 )


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  •                            COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-17-00386-CR
    MARK ALLEN CARTER                                                         APPELLANT
    V.
    THE STATE OF TEXAS                                                             STATE
    ----------
    FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY
    TRIAL COURT NO. 1501283D
    ----------
    MEMORANDUM OPINION1
    ----------
    Mark Allen Carter attempts to appeal from his conviction for possession of
    a   controlled    substance    of     less   than     one   gram   of   methylenedioxy
    methamphetamine. See 
    Tex. Health & Safety Code Ann. § 481.103
    (a)(1) (West
    Supp. 2017), § 481.116(b) (West 2017). Carter pleaded guilty to the offense
    pursuant to a plea bargain, and in accordance with that plea, the trial court
    1
    See Tex. R. App. P. 47.4.
    sentenced him to six months in state jail. Consistent with Carter’s 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), (d).
    On December 1, 2017, we notified Carter that his appeal could be
    dismissed based upon the trial court’s certification unless he or any party desiring
    to continue the appeal filed a response on or before December 11, 2017,
    showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. No
    response has been filed.
    In accordance with the trial court’s certification, we dismiss the 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    DO NOT PUBLISH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: March 1, 2018
    2
    

Document Info

Docket Number: 02-17-00386-CR

Filed Date: 3/1/2018

Precedential Status: Precedential

Modified Date: 3/6/2018