Opinion
No. 11-13-00287-CR
11-14-2013
CURTIS METCALF, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 259th District Court
Jones County, Texas
Trial Court Cause No. 010785
MEMORANDUM OPINION
Curtis Metcalf, Appellant, filed a pro se notice of appeal in this case. In a letter dated October 30, 2013, this court notified the parties that the trial court had certified that Appellant has no right of appeal in this case. See TEX. R. APP. P. 25.2(a)(2), (d). We requested that Appellant respond on or before November 14, 2013, and show grounds to continue the appeal. Appellant has responded but has not shown grounds upon which this court is authorized to continue the appeal.
The clerk's record indicates that Appellant entered into a plea agreement with the State, that Appellant pleaded guilty to the offense of assault on a public servant, and that the trial court assessed punishment pursuant to the terms of the plea agreement. Thus, the trial court's certification—reflecting that Appellant has no right of appeal—is supported by the record and is not defective. See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). Appellant's appeal is therefore prohibited by Rule 25.2, and pursuant to Rule 25.2(d), we must dismiss the appeal without further action. Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
Accordingly, this appeal is dismissed.
PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.