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Herrera v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 21, 2014
NO. 02-14-00265-CR (Tex. App. Aug. 21, 2014)

Opinion

NO. 02-14-00265-CRNO. 02-14-00266-CR

08-21-2014

DAVID HERRERA APPELLANT v. THE STATE OF TEXAS STATE


FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
TRIAL COURT NOS. 1330289D, 1331433D
MEMORANDUM OPINION

See Tex. R. App. P. 47.4.

Pursuant to a plea-bargain transaction, the trial court convicted appellant David Herrera of two counts of burglary of a building and sentenced him to ten years' confinement in each case, with the sentences running concurrently. The trial judge, appellant, and appellant's counsel signed certifications stating that appellant has "NO right of appeal." But appellant brought these appeals.

Although burglary of a building (other than a habitation) is a state-jail felony, appellant's prior state-jail-felony convictions enhanced his punishment range in each of these cases to that of a third-degree felony. See Tex. Penal Code Ann. § 12.425(a) (West Supp. 2014), § 30.02(a), (c)(1) (West 2011).

We sent appellant a letter mentioning the certifications and stating that unless he filed a response showing grounds for continuing the appeals, we could dismiss them. Appellant's response does not show an adequate basis for continuing the appeals. See Tex. R. App. P. 25.2(a)(2). Thus, in accordance with the trial court's certifications, we dismiss the appeals.See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f); Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim. App. 2012); Cooper v. State, 45 S.W.3d 77, 82-83 (Tex. Crim. App. 2001).

The judgments incorrectly state that appellant was convicted of third-degree felonies. But because we must dismiss these appeals, we cannot modify the judgments. See Tex. R. App. P. 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) ("A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action . . . ." (emphasis added)); Shannon v. State, No. 05-12-00693-CR, 2012 WL 3670257, at *1 n.1 (Tex. App.—Dallas Aug. 28, 2012, no pet.) (mem. op., not designated for publication).
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PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 21, 2014


Summaries of

Herrera v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 21, 2014
NO. 02-14-00265-CR (Tex. App. Aug. 21, 2014)
Case details for

Herrera v. State

Case Details

Full title:DAVID HERRERA APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Aug 21, 2014

Citations

NO. 02-14-00265-CR (Tex. App. Aug. 21, 2014)