David Franklin Ashworth v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00510-CR
David Franklin Ashworth § From Criminal District Court No. 4
§ of Tarrant County (1265594D)
v. § December 6, 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. 02-12-00510-CR
DAVID FRANKLIN ASHWORTH APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
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MEMORANDUM OPINION1
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On May 3, 2012, as part of a plea-bargain agreement, Appellant David
Franklin Ashworth pled guilty to burglary of a building, and the trial court
sentenced him to eighteen months’ confinement in a state-jail facility. Also on
May 3, 2012, the trial court certified that this is a plea-bargain case and that
Appellant has no right of appeal.
1
See Tex. R. App. P. 47.4.
2
Despite the trial court’s certification, Appellant filed a pro se notice of
appeal on October 12, 2012. On October 31, 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 12,
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 his waiver of the right to appeal such a
motion, which the record shows he waived 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DO NOT PUBLISH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 6, 2012
3