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Graham-O'Dell v. State

Court of Appeals of Texas, Second District, Fort Worth
Nov 2, 2023
No. 02-23-00263-CR (Tex. App. Nov. 2, 2023)

Opinion

02-23-00263-CR

11-02-2023

Gladys Maria Graham-O'DELL, Appellant v. The State of Texas


Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from the 396th District Court Tarrant County, Texas Trial Court No. 1778821

Before Womack, Wallach, and Walker, JJ.

MEMORANDUM OPINION

DANA WOMACK DANA WOMACK JUSTICE

Appellant Gladys Maria Graham-O'Dell (Graham) attempts to appeal an order of deferred adjudication for the offense of evading arrest or detention with a vehicle. See Tex. Penal Code Ann. § 38.04(b)(2)(A). The record reflects that Graham was placed on deferred adjudication pursuant to a written plea agreement. Under that written plea agreement, Graham waived her right to appeal. The "Trial Court's Certification of Defendant's Right of Appeal" in this case states that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex.R.App.P. 25.2(a)(2), (d).

In her notice of appeal, Appellant refers to herself as "Gladys Maria Graham-O'Dell." The defendant listed in the underlying order of deferred adjudication, however, is listed as "Glady Maria Graham." We will simply refer to Appellant as "Graham."

On October 6, 2023, we notified Graham of the certification and warned her that we would dismiss the appeal unless we received a response by October 16, 2023, showing grounds for continuing the appeal. See Tex.R.App.P. 25.2(a)(2), (d), 44.3. Graham did not file a response. Thus, in accordance with the trial court's certification, we dismiss Graham's appeal. See Tex.R.App.P. 25.2(d), 43.2(f); see, e.g., Brewer v. State, No. 02-22-00253-CR, 2023 WL 2534623, at *1 (Tex. App.-Fort Worth Mar. 16, 2023, no pet.) (mem. op., not designated for publication).


Summaries of

Graham-O'Dell v. State

Court of Appeals of Texas, Second District, Fort Worth
Nov 2, 2023
No. 02-23-00263-CR (Tex. App. Nov. 2, 2023)
Case details for

Graham-O'Dell v. State

Case Details

Full title:Gladys Maria Graham-O'DELL, Appellant v. The State of Texas

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

Date published: Nov 2, 2023

Citations

No. 02-23-00263-CR (Tex. App. Nov. 2, 2023)