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Lefler v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Jun 9, 2016
NO. 02-16-00161-CR (Tex. App. Jun. 9, 2016)

Opinion

NO. 02-16-00161-CRNO. 02-16-00162-CR

06-09-2016

SCOTT MICHAEL LEFLER APPELLANT v. THE STATE OF TEXAS STATE


FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
TRIAL COURT NOS. 1416308D, 1439037D MEMORANDUM OPINION

See Tex. R. App. P. 47.4.

Appellant Scott Michael Lefler attempts to appeal from his convictions for driving while intoxicated, felony repetition. See Tex. Penal Code Ann. §§ 49.04(a), 49.09(b)(2) (West Supp. 2015). Lefler pleaded guilty in both cases pursuant to plea bargains, and in accordance with the plea bargains, the trial court sentenced him to eight years' confinement in both cases to run concurrently. The trial court's certification of his right to appeal in both cases states that the case "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).

On April 27, 2016, we notified Lefler that his appeals could be dismissed based on the trial court's certifications unless he or any party desiring to continue the appeals filed a response on or before May 9, 2016, showing grounds for continuing the appeals.See Tex. R. App. P. 25.2(d), 44.3. No response has been filed.

That same day, we also notified Lefler that it appeared we lacked jurisdiction over his appeals because his notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a).

In accordance with the trial court's certifications, we therefore dismiss Lefler's appeals.See Tex. R. App. P. 25.2(d), 43.2(f).

Lefler's attorney filed a motion to withdraw after we sent our jurisdiction letter. Because we dismiss Lefler's appeals, we deny his attorney's motion to withdraw as moot. --------

/s/ Sue Walker

SUE WALKER

JUSTICE PANEL: WALKER, MEIER, and GABRIEL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: June 9, 2016


Summaries of

Lefler v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Jun 9, 2016
NO. 02-16-00161-CR (Tex. App. Jun. 9, 2016)
Case details for

Lefler v. State

Case Details

Full title:SCOTT MICHAEL LEFLER APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Jun 9, 2016

Citations

NO. 02-16-00161-CR (Tex. App. Jun. 9, 2016)