Opinion
NO. 02-17-00083-CR
05-11-2017
ALPHONSE FISHER APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1473963D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Alphonse Fisher attempts to appeal his conviction (with a prior conviction) for assault on a family member by impeding the normal breathing or circulation of the blood, a second-degree felony. See Tex. Penal Code Ann. § 22.01(b-1) (West Supp. 2016). Fisher pleaded guilty pursuant to a plea-bargain agreement and was sentenced to six years' confinement. The trial court's certification of his right to appeal states that this "is a plea-bargain case, and the defendant has NO right of appeal."
By letter dated March 21, 2017, we notified Fisher that his appeal could be dismissed based on the trial court's certification unless he or any party desiring to continue the appeal filed a response on or before March 31, 2017, showing grounds for continuing it. See Tex. R. App. P. 25.2(d), 44.3. No response has been filed.
In accordance with the trial court's certification, we therefore dismiss Fisher's appeal. See Tex. R. App. P. 25.2(d), 43.2(f).
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE PANEL: LIVINGSTON, C.J.; KERR and PITTMAN, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: May 11, 2017