Opinion
No. 07-15-00384-CR
01-11-2016
MELODY ANN EPPERSON, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 223rd District Court Gray County, Texas
Trial Court No. 8645; Honorable Phil N. Vanderpool, Presiding
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, Melody Ann Epperson, was charged with tampering with a governmental record with the intent to defraud or harm another. In exchange for a plea of guilty, the trial court placed Appellant on five years deferred adjudication community supervision and ordered Appellant to pay restitution of $12,302.58. The State subsequently moved to adjudicate Appellant guilty of the offense for violating the conditions of community supervision. The trial court granted the State's motion and entered a finding of guilt. Punishment was assessed at fourteen months confinement. The trial court's certification of Appellant's right to appeal filed in the case reflects that Appellant's case is a plea-bargained case with no right of appeal and that Appellant waived the right of appeal. The certification notwithstanding, Appellant filed a pro se notice of appeal challenging her conviction.
TEX. PENAL CODE ANN. § 37.10(c)(1) (West Supp. 2015). --------
By letter dated October 30, 2015, this court notified Appellant of the consequences of the certification and invited her to file an amended certification showing a right to appeal or demonstrate other grounds for continuing the appeal, on or before November 23, 2015. The court later granted Appellant an extension to December 21, 2015, to comply. Appellant has not filed an amended certification reflecting a right of appeal or a response establishing good cause for continuing this appeal. Consequently, we have no alternative but to dismiss the appeal based on the certification signed by the trial court. See TEX. R. APP. P. 25.2(d).
It is so ordered.
Per Curiam Do not publish.