David Wright v. State ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-20-00044-CR
___________________________
DAVID WRIGHT, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 371st District Court
Tarrant County, Texas
Trial Court No. 1604352D
Before Bassel, Womack, and Wallach, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant David Wright filed a pro se notice of appeal attempting to appeal
from the order of deferred adjudication placing him on deferred-adjudication
community supervision for three years pursuant to his plea of guilt for the offense of
robbery causing bodily injury. See Tex. Penal Code Ann. § 29.02. The trial court’s
certification 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). The trial court’s order, which sets forth
the terms of the plea, supports the certification.
We informed Appellant of our concern that we lack jurisdiction over this
appeal based on the trial court’s certification. We gave Appellant the opportunity to
file a response, and his court-appointed trial counsel filed a response stating that the
trial court did not grant Appellant the right of appeal and that there is no right of
appeal. 1
Accordingly, because the trial court’s certification indicates that Appellant has
no right of appeal, we must dismiss this appeal. See Tex. R. App. P. 25.2(a)(2), (d),
43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: March 26, 2020
Appellant’s court-appointed trial counsel also filed a motion to withdraw. We
1
dismiss the motion as moot.
2