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Dukes v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 14, 2010
No. 02-10-00343-CR (Tex. App. Oct. 14, 2010)

Opinion

No. 02-10-00343-CR

Delivered: October 14, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b)

Appealed from the 396th District Court of Tarrant County.

PANEL: McCOY, MEIER and GABRIEL, JJ.


MEMORANDUM OPINION


Appellant George Wade Dukes attempts to appeal from his conviction for solicitation of sexual assault of a child under seventeen years of age, for which, pursuant to a plea bargain, he pleaded guilty and received three years' confinement. On August 19, 2010, this court sent the parties a letter stating that the trial court's certification of appellant's right to appeal states that this is a plea-bargain case and appellant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). We informed the parties that this appeal may be dismissed unless appellant or any party desiring to continue the appeal filed with the court, on or before Monday, August 30, 2010, a response showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. We have received no response. Rule 25.2(a)(2) of the appellate rules of procedure provides that in a plea-bargain case, an appellant may appeal only "those matters that were raised by written motion filed and ruled on before trial" or "after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). Here, appellant waived all pretrial motions, and the trial court has not given permission to appeal. Because the trial court certified that appellant possesses no right of appeal, we do not have jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f).


Summaries of

Dukes v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 14, 2010
No. 02-10-00343-CR (Tex. App. Oct. 14, 2010)
Case details for

Dukes v. State

Case Details

Full title:GEORGE WADE DUKES, APPELLANT v. THE STATE OF TEXAS, STATE

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

Date published: Oct 14, 2010

Citations

No. 02-10-00343-CR (Tex. App. Oct. 14, 2010)