Zunigav.State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTHMar 13, 2014
NO. 02-14-00027-CR (Tex. App. Mar. 13, 2014)

NO. 02-14-00027-CR

03-13-2014

CARLOS RUBEN ZUNIGA APPELLANT v. THE STATE OF TEXAS STATE


FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY


MEMORANDUM OPINION

See Tex. R. App. P. 47.4.

Pro se appellant Carlos Ruben Zuniga attempts to appeal his plea-bargained conviction and nine-year sentence for unlawfully possessing a firearm. The trial court sentenced appellant on August 16, 2013. His notice of appeal was therefore due on September 16, 2013. See Tex. R. App. P. 4.1(a), 26.2(a)(1). He did not file the notice of appeal, however, until January 2, 2014. Also, the trial court certified that appellant had entered into a plea bargain and had "NO right of appeal."

See Tex. Penal Code Ann. § 46.04(a) (West 2011). As part of his plea bargain, appellant waived constitutional and statutory rights and judicially confessed to the indictment's allegations.

On January 24, 2014, we sent a letter to appellant. In it, we informed him about the contents of the trial court's certification and advised him that if he did not file a response showing grounds for continuing the appeal by February 3, 2014, the appeal could be dismissed. See Tex. R. App. P. 44.3. Appellant has not responded. Therefore, because our record does not contain a certification from the trial court showing that appellant has a right to appeal, we dismiss the appeal. See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Lara v. State, No. 02-13-00561-CR, 2014 WL 177533, at *1 (Tex. App.—Fort Worth Jan. 16, 2014, no pet.) (mem. op., not designated for publication).

Appellant's untimely notice of appeal likewise requires dismissal. See Tex. R. App. P. 25.2(b), 26.2(a); Swain v. State, 319 S.W.3d 878, 880 (Tex. App.—Fort Worth 2010, no pet.) (mem. op.).
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PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)