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Prather v. State

Court of Appeals of Texas, Second District, Fort Worth
May 8, 2008
No. 2-08-118-CR (Tex. App. May. 8, 2008)

Opinion

No. 2-08-118-CR

Delivered: May 8, 2008. DO NOT PUBLISH Tex. R. App. P. 47.2(b).

Appeal from the 371st District Court of Tarrant County.

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.


MEMORANDUM OPINION


Appellant John F. Prather attempts to appeal from his conviction for theft. The trial court's certification states that this "is a plea-bargain case, and [Prather] has NO right of appeal." See Tex. R. App. P. 25.2(a)(2), (d). We informed Prather's appointed counsel by letter dated April 18, 2008, that the appeal may be dismissed unless she or any party desiring to continue the appeal filed a response by April 28, 2008, showing grounds for continuing the appeal. No response has been filed. See Tex. R. App. P. 25.2(d), 44.3. Rule 25.2(a)(2) limits the right to appeal in a plea bargain case to those matters that were raised by written motion filed and ruled on before trial or to those cases where the appellant obtained the trial court's permission to appeal. See Tex. R. App. P. 25.2(a)(2)(A), (B). According to the trial court's certification, neither of these circumstances apply because the certification states that there is no right to appeal. Because the trial court's certification affirmatively shows that Prather has no right of appeal, we dismiss the appeal. See Tex. R. App. P. 43.2(f); High v. State, 115 S.W.3d 581, 582 (Tex.App.-Waco 2003, pet. ref'd).


Summaries of

Prather v. State

Court of Appeals of Texas, Second District, Fort Worth
May 8, 2008
No. 2-08-118-CR (Tex. App. May. 8, 2008)
Case details for

Prather v. State

Case Details

Full title:JOHN F. PRATHER, APPELLANT v. THE STATE OF TEXAS, STATE

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

Date published: May 8, 2008

Citations

No. 2-08-118-CR (Tex. App. May. 8, 2008)