Opinion
02-24-00379-CR
12-19-2024
Guy Salone, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from Criminal District Court No. 1 Tarrant County, Texas Trial Court No. 1769300.
Before Bassel, Womack, and Wallach, JJ.
MEMORANDUM OPINION
PER CURIAM
Appellant Guy Salone attempts to appeal from his conviction for manufacture or delivery of a controlled substance of more than one gram but less than four grams. Appellant pleaded guilty to that lesser-included offense in exchange for the State's waiving multiple other counts and the habitual-offender notice and recommending a four-year sentence. The trial court sentenced Appellant in accordance with the plea recommendation. The trial court signed a certification of Appellant's right to appeal in which it certified that this is "a plea-bargain case, and the defendant has NO right of appeal." Appellant and his counsel signed the certification. Nonetheless, Appellant filed a notice of appeal.
He was charged with manufacture or delivery of a controlled substance of more than four grams but less than 200 grams.
The following week, Appellant filed a "Notice to Disregard Appella[nt's] Decision to Appeal Case," stating that he had made a conscious decision to not pursue an appeal in this case. His notice did not, however, comply with Texas Rule of Appellate Procedure 42.2, which specifically governs how to voluntarily dismiss a criminal case. See Tex. R. App. P. 42.2.
On November 22, 2024, we sent a letter to Appellant and his appointed counsel that informed them of the statement in the certification and that explained that unless Appellant filed a response showing grounds for continuing the appeal by December 2, 2024, the appeal could be dismissed. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. We received no response. Thus, in accordance with the trial court's certification that Appellant has no right to appeal, we dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Carter v. State, No. 02-15-00243-CR, 2015 WL 6394158, at *1 (Tex. App.-Fort Worth Oct. 22, 2015, no pet.) (per curiam) (mem. op., not designated for publication).