Roy Dowell Britt v. State ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-14-00041-CR
________________________
ROY DOWELL BRITT, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 181st District Court
Randall County, Texas
Trial Court No. 24,078-B; Honorable John B. Board, Presiding
February 27, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Appellant, Roy Dowell Britt, was convicted of aggravated assault causing serious
bodily injury1 and sentenced to ten years confinement. The Trial Court's Certification of
Defendant's Right to Appeal filed in the case reflects that Appellant's case is a plea-
bargained case with no right of appeal and that Appellant waived the right of appeal.
1
TEX. PENAL CODE ANN. § 22.02(a)(1) (West 2011).
The certification notwithstanding, Appellant filed a pro se notice of appeal challenging
his conviction.
By letter dated February 13, 2014, this Court notified Appellant of the
consequences of the certification and invited him to either file an amended certification
showing a right to appeal or demonstrate other grounds for continuing the appeal on or
before February 24, 2014. On February 21, 2014, Appellant filed a response requesting
to “halt all process on this appeal” and indicated he has documents pending in the trial
court and is seeking appointment of counsel to assist him. Appellant’s response
notwithstanding, he has not filed an amended certification reflecting a right of appeal nor
established good cause for continuing this appeal. Consequently, we have no
alternative but to dismiss the appeal based on the certification signed by the trial court.
See TEX. R. APP. P. 25.2(d).
Patrick A. Pirtle
Justice
Do not publish.
2