Jose Hipolito Diaz v. State ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00420-CR
JOSE HIPOLITO DIAZ,
Appellant
v.
THE STATE OF TEXAS, Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 11-01361-CRF-272
MEMORANDUM OPINION
Jose Hipolito Diaz was convicted of the felony offense of assault--family violence
with priors and sentenced to four years in prison. TEX. PENAL CODE ANN. § 22.01(b)(2)
(West 2011). By letter dated November 8, 2011, the Clerk of this Court notified Diaz
that his appeal was subject to dismissal because the certification of defendant’s right of
appeal which Diaz signed indicated that the underlying criminal case was a plea
bargain case and Diaz had no right to appeal and that Diaz waived his right to appeal.
See TEX. R. APP. P. 25.2(d). The Clerk also warned Diaz that the Court would dismiss the
appeal unless, within 21 days of the date of the letter, a response was filed showing
grounds for continuing the appeal. See TEX. R. APP. P. 44.3. More than 21 days have
passed and a response has not been filed.
Accordingly, this appeal is dismissed. TEX. R. APP. P. 44.3.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed December 14, 2011
Do not publish
[CR25]
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