Darlington v. State

Full title: JOHN ALLAN DARLINGTON APPELLANT v. THE STATE OF TEXAS STATE

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Sep 25, 2008

No. 2-08-299-CR (Tex. App. Sep. 25, 2008)

Opinion

No. 2-08-299-CR

Delivered: September 25, 2008. DO NOT PUBLISH Tex. R. App. P. 47.2(b)

Appealed from the County Criminal Court No. 5 of Tarrant County.

PANEL: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

MEMORANDUM OPINION ¹

1 See Tex. R. App. P. 47.4.

PER CURIAM.

Appellant John Allan Darlington attempts to appeal his conviction and sentence for assault with bodily injury of a family member. The trial court's certification of appellant's right of appeal states that appellant "has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2). On August 26, 2008, we notified appellant that the certification indicating that he had waived his right to appeal had been filed in this court and that the appeal would be dismissed unless appellant or any party desiring to continue the appeal filed a timely response showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. Appellant has not filed a response. Therefore, we dismiss this appeal. See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f); Blanco v. State, 18 S.W.3d 218, 220 (Tex.Crim.App. 2000).