Robert Calvin Bradley, Jr. A/K/A Robert C. Bradley, Jr. v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NOS. 02-14-00218-CR
02-14-00219-CR
02-14-00220-CR
ROBERT CALVIN BRADLEY, JR. APPELLANT
A/K/A ROBERT C. BRADLEY, JR.
V.
THE STATE OF TEXAS STATE
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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NOS. 1350678D, 1350679D, 1357980D
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MEMORANDUM OPINION1
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In appellate case numbers 02-14-00218-CR and 02-14-00219-CR,
Appellant Robert Calvin Bradley, Jr. a/k/a Robert C. Bradley, Jr. attempts to
appeal from his convictions for possession of cocaine of one gram or more but
less than four grams and possession of heroin of less than one gram. In each
1
See Tex. R. App. P. 47.4.
case, Bradley pleaded guilty pursuant to a plea bargain, and in accordance with
the plea bargain, the trial court sentenced him to five years’ confinement, with the
sentences to run concurrently. The trial court’s certifications of Bradley’s right to
appeal state that these are “plea-bargain case[s], and the defendant has NO right
of appeal.” See Tex. R. App. P. 25.2(a)(2).
On May 30, 2014, we notified Bradley that appeals 02-14-00218-CR and
02-14-00219-CR could be dismissed based on the trial court’s certifications
unless he or any party desiring to continue the appeals filed a response on or
before June 9, 2014, showing grounds for continuing the appeals. See Tex. R.
App. P. 25.2(d), 43.2(f). Bradley filed a pro se response that did not show
grounds for continuing appeals 02-14-00218-CR and 02-14-00219-CR.
In accordance with the trial court’s certifications, we therefore dismiss
appeals 02-14-00218-CR and 02-14-00219-CR. See Tex. R. App. P. 25.2(d),
43.2(f).
Further, in appellate case number 02-14-00220-CR, Bradley attempts to
appeal from a plea in bar, that is, from his admission of an unadjudicated offense
under penal code section 12.45. See Tex. Penal Code Ann. § 12.45 (West
2011). Generally, with exceptions inapplicable to the case at hand, this court has
jurisdiction to consider a criminal appeal only when there is a judgment of
conviction. See Hilburn v. State, 946 S.W.2d 885, 886 (Tex. App.—Fort Worth
1997, no pet.) (citing Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d
446, 447 (1961)). A judgment on a plea in bar is not a judgment of conviction but
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rather a judgment that bars prosecution for the offense admitted by the defendant
under section 12.45. Id.
On June 5, 2014, we notified Bradley of our concern that we lack
jurisdiction over appeal 02-14-00220-CR and stated that appeal 02-14-00220-CR
could be dismissed for want of jurisdiction unless he or any party desiring to
continue the appeal filed a response on or before June 16, 2014, showing
grounds for continuing the appeal. See Tex. R. App. P. 43.2(f). No response
has been filed.
Accordingly, we dismiss appeal 02-14-00220-CR for want of jurisdiction.
See Tex. R. App. P. 42.3(a); Hilburn, 946 S.W.2d at 886 (holding that this court
lacks jurisdiction over appeal from judgment on plea in bar under section 12.45).
PER CURIAM
PANEL: WALKER, MCCOY, and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: July 3, 2014
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