Shaun Lee Phillips v. State ( 2019 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00251-CR
SHAUN LEE PHILLIPS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 108th District Court
Potter County, Texas
Trial Court No. 74,901-E-CR, Honorable Douglas R. Woodburn, Presiding
August 14, 2019
MEMORANDUM OPINION
Before CAMPBELL and PIRTLE and PARKER, JJ.
Pursuant to a plea bargain agreement, appellant Shaun Lee Phillips was convicted
of robbery1 and sentenced to fifteen years’ confinement. The trial court’s certification of
appellant’s right of appeal reflects that appellant’s case is a plea-bargain case with no
right of appeal and that appellant has waived the right of appeal. TEX. R. APP. P.
1 TEX. PENAL CODE ANN. § 29.02 (West 2019).
25.2(a)(2), (d). Notwithstanding the certification, appellant filed a notice of appeal
challenging his conviction.
We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a
certification that shows the defendant has the right of appeal has not been made part of
the record.” By letter dated July 9, 2019, we notified appellant of the consequences of
the certification and invited him to file an amended certification showing a right of appeal
or demonstrate other grounds for continuing the appeal by July 22. We later extended
this deadline to August 5, 2019. Appellant has not responded to the Court’s letter to date.
Accordingly, the appeal is dismissed. TEX. R. APP. P. 25.2(d).
Per Curiam
Do not publish.
2