Opinion
NO. 02-17-00394-CR
03-22-2018
BRYAN KRAIG PONCIANO A/K/A/ BRYAN KRAIG PONCTANO APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1447187D MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Bryan Kraig Ponciano a/k/a Bryan Kraig Ponctano attempts to appeal from his conviction for theft of less than $2,500 with two or more previous theft convictions. See Tex. Penal Code Ann. § 31.03(e)(4)(D) (West Supp. 2017). Ponciano pleaded guilty to the offense in exchange for six months' confinement in state jail, and the trial court followed the plea bargain and sentenced him accordingly. Ponciano also waived his right of appeal as part of the plea bargain. Consistent with Ponciano's plea, the "Trial Court's Certification of Defendant's Right of Appeal" states that this "is a plea-bargain case, and the defendant has NO right of appeal," and "the defendant has waived the right of appeal." See Tex. R. App. P. 25.2(a)(2), (d).
On January 10, 2018, we notified Ponciano that his appeal could be dismissed based upon the trial court's certification unless he or any party desiring to continue the appeal filed a response on or before January 22, 2018, showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. No response has been filed.
In accordance with the trial court's certification, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f).
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE PANEL: KERR, PITTMAN, and BIRDWELL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: March 22, 2018