Tiffney Lynne McAdoo v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00434-CR
Tiffney Lynne McAdoo § From the 372nd District Court
§ of Tarrant County (1247940R)
v. § December 13, 2012
§ Per Curiam
The State of Texas § (nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed for
want of jurisdiction.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00434-CR
NO. 02-12-00435-CR
TIFFNEY LYNNE MCADOO APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Appellant Tiffney Lynne McAdoo attempts to appeal following her pleas of
guilty to theft of property valued between $1,500 and $20,000 from an elderly
individual and to making a false statement to obtain property or credit. See Tex.
Penal Code Ann. § 31.03(e)(4), (f) (West Supp. 2012); id. § 32.32 (West 2011).
Following the plea agreements, the trial court sentenced Appellant to five years’
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See Tex. R. App. P. 47.4.
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incarceration in each case but suspended her sentence, ordering that Appellant
be placed on community supervision for five years and that Appellant make
restitution.
The trial court’s certifications of Appellant’s right to appeal state in each
case that this “is a plea-bargain case, and the defendant has NO right of appeal.”
See Tex. R. App. P. 25.2(a)(2). On September 17, 2012, we notified Appellant
that these appeals could be dismissed unless she or any party desiring to
continue the appeals filed a response showing grounds for continuing the
appeals. We have to date not received any response.
The Texas Rules of Appellate Procedure are clear that in a plea-bargain
case, an appellant may appeal only those matters that were raised by written
motion filed and ruled on before trial or after getting the trial court’s permission to
appeal. See Tex. R. App. P. 25.2(a)(2). Because the trial court’s certifications
reflect that Appellant has no right of appeal, we dismiss these appeals for want of
jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f).
PER CURIAM
PANEL: GARDNER, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 13, 2012
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