Opinion
02-22-00253-CR
03-16-2023
Larry Joe Brewer Jr., Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 415th District Court Parker County, Texas Trial Court No. CR21-1013
Before Womack, Wallach, and Walker, JJ.
MEMORANDUM OPINION
Dana Womack Justice
Appellant Larry Joe Brewer Jr. attempts to appeal a judgment adjudicating him guilty of fraudulent use or possession of identifying information. See Tex. Penal Code Ann. § 32.51(c)(1). Brewer pleaded true to the State's probation-violation allegations, and the trial court sentenced him to thirteen months' confinement. Pursuant to the written plea admonishments that were signed by Brewer, Brewer waived his right to appeal. The "Trial Court's Certification of Defendant's Right of Appeal" in this case states that "the defendant has waived the right of appeal" and that this "is a pleabargain case, and the defendant has NO right of appeal." See Tex.R.App.P. 25.2(a)(2), (d).
On November 8, 2022, we notified Brewer of the certification and warned him that we would dismiss the appeal unless we received a response by November 18, 2022, showing grounds for continuing the appeal. See Tex.R.App.P. 25.2(a)(2), (d), 44.3. While Brewer filed a response, it does not show grounds for continuing the appeal. In accordance with the trial court's certification, we dismiss Brewer's appeal. See Tex.R.App.P. 25.2(d), 43.2(f); see, e.g., Turntine v. State, No. 02-18-00348-CR, 2018 WL 5074612, at *1 (Tex. App.-Fort Worth Oct. 18, 2018, no pet.) (per curiam) (mem. op., not designated for publication).
In his response, Brewer claims that he "was forced to plead guilty" and that he "was never properly advised of [his] rights" by his counsel. We have reviewed the transcript of the subject revocation hearing. During that hearing, Brewer indicated that he had signed his plea "voluntarily," that he had "[h]ad plenty of time to talk to [his] lawyer about [the charges brought against him]," that it was "true" that he had violated his probation, and that he was telling the court about that violation "voluntarily."