Opinion
NO. 02-14-00185-CR
07-17-2014
ALEX JAVAR WILLIS APPELLANT v. THE STATE OF TEXAS STATE
FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
TRIAL COURT NO. 1334131D
MEMORANDUM OPINION
On April 28, 2014, as part of a plea-bargain agreement, Appellant Alex Javar Willis pleaded guilty to burglary of a habitation. Tex. Penal Code Ann. § 30.02 (West 2011). In accordance with the agreement, the trial court sentenced Appellant to five years' confinement. The trial court certified that Appellant had no right to appeal. See Tex. R. App. P. 25.2(a)(2).
On May 1, 2014, Appellant filed a pro se notice of appeal in the trial court. See Tex. R. App. P. 25.2(c), 26.2(a). On May 12, we notified Appellant's trial counsel and Appellant that Appellant had filed a pro se notice of appeal, that the trial court certified that Appellant had no right to appeal, and that we would dismiss the appeal unless Appellant or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal no later than May 22. See Tex. R. App. P. 25.2(d), 44.3.
Appellant responded and contended that there was a "breakdown of communication" between himself and counsel in the trial court resulting in a violation of his due-process rights. But there is no showing that Appellant's sentence exceeded the State's recommendation, that Appellant desires to appeal a matter that was raised by written motion filed and ruled on before trial, or that the trial court granted Appellant permission to appeal. See Tex R. App. P. 25.2(a)(2). Thus, in accordance with the trial court's certification, we dismiss this 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).
PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
See Tex. R. App. P. 47.4.