April Nicole Harps v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00502-CR
April Nicole Harps § From Criminal District Court No. 3
§ of Tarrant County (1296834D)
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.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00502-CR
APRIL NICOLE HARPS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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On September 25, 2012, as part of a plea-bargain agreement, Appellant
April Nicole Harps pled guilty to criminal mischief, and the trial court sentenced
her to six months’ confinement in a state-jail facility. Also on September 25,
2012, the trial court certified that this is a plea-bargain case and that Appellant
has no right of appeal.
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See Tex. R. App. P. 47.4.
Despite the trial court’s certification, Appellant filed a pro se notice of
appeal on October 10, 2012. On October 24, 2012, we notified Appellant’s
counsel and Appellant that the trial court’s certification indicating that Appellant
had no right of appeal had been filed in this court and that this appeal could be
dismissed unless Appellant or any party desiring to continue the appeal filed a
response showing grounds for continuing the appeal on or before November 5,
2012. See Tex. R. App. P. 25.2(d), 44.3. To date, we have received no
response.
Rule 25.2(a)(2) limits the right of appeal in a plea-bargain case to matters
that were raised by written motion filed and ruled on before trial or to cases in
which the appellant obtained the trial court’s permission to appeal. Tex. R. App.
P. 25.2(a)(2). The trial court’s certification shows that Appellant did not obtain
the trial court’s permission to appeal, and Appellant does not challenge a pretrial
ruling on a written motion or the validity of her waiver of the right to appeal such a
motion, which the record shows she made as part of the plea-bargain agreement.
Accordingly, we dismiss this appeal. See Tex. R. App. P. 25.2(d), 43.2(f).
PER CURIAM
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 13, 2012
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