Opinion
NO. 02-18-00304-CR NO. 02-18-00305-CR
08-30-2018
KEVIN A. ANDERSON APPELLANT v. THE STATE OF TEXAS STATE
FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY
TRIAL COURT NOS. 1517233D, 1517235D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
In accordance with a plea bargain, Kevin A. Anderson pleaded guilty in two cases to possession of more than four but less than two hundred grams of a controlled substance, and the trial court sentenced him to twenty-years' confinement pursuant to the State's recommendation. The trial court ordered that Anderson serve his sentences concurrently. The trial court's certifications of Anderson's right to appeal indicate that each of these cases is "a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). Nevertheless, Anderson filed a pro se notice of appeal from both convictions.
In response to our letter stating that we could dismiss the appeals unless Anderson or any other party responded with grounds showing they should be continued, see Tex. R. App. P. 25.2(a)(2), (d), 44.3, Anderson's trial counsel filed a motion to withdraw. Anderson did not file a response. Because we have not received a certification or response showing that Anderson has the right to appeal his convictions, we dismiss the appeals. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Serrell v. State, No. 02-16-00219-CR, 2016 WL 6648757, at *1 (Tex. App.—Fort Worth Nov. 10, 2016, no pet.) (mem. op., not designated for publication).
We deny trial counsel's motion to withdraw. See Tex. R. App. P. 6.5(a)(1), (4), (b), 48.4; Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997) (requiring appointed counsel to inform an appellant of the right to file a petition for discretionary review).
/s/ Wade Birdwell
WADE BIRDWELL
JUSTICE PANEL: SUDDERTH, C.J.; WALKER and BIRDWELL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: August 30, 2018