Paul L. Harris v. State ( 2016 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00215-CR
PAUL L. HARRIS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1436006R
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MEMORANDUM OPINION1
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On April 25, 2016, as part of a plea bargain agreement, Appellant Paul L.
Harris pleaded guilty to indecency with a child by contact. See Tex. Pen. Code
Ann. § 21.11(a)(1) (West 2011). In accordance with the agreement, the trial
court sentenced him to eight years’ confinement, and it certified that he had no
right to appeal. See Tex. R. App. P. 25.2(a)(2).
On May 25, 2016, Harris filed a pro se notice of appeal in the trial court.
See Tex. R. App. P. 25.2(c). On July 19, 2016, we notified Harris and his trial
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See Tex. R. App. P. 47.4.
counsel that we had received a copy of Harris’s pro se notice of appeal, that the
trial court had certified that Harris had no right to appeal, and that we would
dismiss the appeal unless Harris or any party desiring to continue the appeal filed
a response showing grounds for continuing the appeal no later than July 29,
2016. See Tex. R. App. P. 25.2(d), 44.3.
On July 27, 2016, Harris’s wife contacted us by telephone and stated that
Harris would be filing a request to extend the July 29, 2016 deadline we set in
our notice. However, he has not done so. Nor has he filed a response in
accordance with our July 19, 2016 notice. The record does not show that
Harris’s sentences exceeded the State’s recommendations, that Harris desires to
appeal a matter that was raised by written motion filed and ruled on before trial,
or that the trial court granted Harris 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).
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE
PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 18, 2016
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