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Salas v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 3, 2024
No. 02-24-00306-CR (Tex. App. Oct. 3, 2024)

Opinion

02-24-00306-CR

10-03-2024

Gabriel P. Salas, 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Do Not Publish Tex.R.App.P. 47.2(b)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. 1531338

Before Womack, Wallach, and Walker, JJ.

MEMORANDUM OPINION

Womack Justice

Appellant Gabriel P. Salas attempts to appeal his conviction for two counts of obstruction or retaliation. See Tex. Penal Code Ann. § 36.06(c). Salas pled guilty to those counts pursuant to a plea-bargain agreement, and the trial court sentenced him in accordance with that agreement to ten years' confinement on each count, to be served concurrently. As part of his plea-bargain agreement, Salas waived his right to appeal.

Consistent with Salas's plea-bargain agreement, the trial court's "Certification of Defendant's Right of Appeal" states that "the defendant has waived the right of appeal" and 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). On August 28, 2024, we notified Salas of the certification and warned him that we would dismiss the appeal unless we received a response by September 9, 2024, showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. While Salas filed a response, it does not show grounds for continuing the appeal.

Salas's substantive response consisted of the following one-sentence statement: "Co-erced [sic] plea the District Attorney co-erced [sic] [Salas] to plea for 10 years serv [sic] he would be release[d] in 9 days."

In accordance with the trial court's certification, we dismiss Salas's appeal. See Tex. R. App. P. 25.2(d), 43.2(f); see, e.g., Hubatch v. State, No. 02-22-00153-CR, 2022 WL 4105417, at *1 (Tex. App.-Fort Worth Sept. 8, 2022, no pet.) (mem. op., not designated for publication).


Summaries of

Salas v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 3, 2024
No. 02-24-00306-CR (Tex. App. Oct. 3, 2024)
Case details for

Salas v. State

Case Details

Full title:Gabriel P. Salas, Appellant v. The State of Texas

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

Date published: Oct 3, 2024

Citations

No. 02-24-00306-CR (Tex. App. Oct. 3, 2024)