Elliot Vance Sirbaugh v. State ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00124-CR
ELLIOT VANCE SIRBAUGH APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY
TRIAL COURT NO. 1379759D
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MEMORANDUM OPINION 1
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Pursuant to a plea bargain, Appellant Elliot Vance Sirbaugh pleaded guilty
to reckless bodily injury to an elderly person, a state jail felony. See Tex. Penal
Code Ann. § 22.04(a), (g) (West Supp. 2014). In accordance with the plea
bargain, the trial court convicted Appellant of the offense and sentenced him to
one year’s confinement.
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See Tex. R. App. P. 47.4.
The trial court’s certification states that the case was plea-bargained and
that Appellant has no right of appeal and that Appellant had waived the right of
appeal. On April 21, 2015, we notified Appellant that this appeal may be
dismissed based on the trial court’s certification unless he or any party desiring to
continue the appeal filed a response on or before May 1, 2015, showing grounds
for continuing the appeal. See Tex. R. App. P. 25.2(a)(2), (d). No response has
been filed.
Therefore, in accordance with the trial court’s certification, we dismiss this
appeal. See Tex. R. App. P. 25.2(d), 43.2(f).
/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DO NOT PUBLISH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: July 16, 2015
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