Ivery Knox Phillips v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00490-CR
No. 02-18-00491-CR
No. 02-18-00492-CR
No. 02-18-00493-CR
No. 02-18-00494-CR
No. 02-18-00495-CR
___________________________
IVERY KNOX PHILLIPS, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 371st District Court
Tarrant County, Texas
Trial Court Nos. 1546453D, 1544736R, 1544741R, 1544740R, 1544738R, 1544737R
Before Womack, J.; Sudderth, C.J.; and Gabriel J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Ivery Knox Phillips attempts to appeal from his convictions and six
twenty-year concurrent sentences1 for theft in the amount of more than $2,500 but
less than $30,000. See Tex. Penal Code Ann. § 31.03.
In these cases, the trial court signed certifications of Phillips’s right to appeal.
The certifications state that each case is “a plea-bargain case, and [Phillips] has NO
right of appeal.” Phillips and his trial counsel signed the certifications. Nonetheless,
Phillips filed pro se notices of appeal.
On November 15, 2018, we sent a letter to Phillips informing him of the
statements in the certifications, and we explained that unless he filed a response
showing grounds for continuing the appeals by November 26, 2018, the appeals could
be dismissed. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. Phillips has not responded to
our letter. Thus, in accordance with the trial court’s certifications that Phillips has no
right to appeal, we dismiss the appeals. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v.
State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: April 11, 2019
The trial court’s judgments also reflect that Phillips pleaded “True” to the
1
indictments’ enhancement paragraphs.
2