Fire Insurance Exchange v. Judy Kennedy ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00253-CR
LAUREN NICHOLE RICHARDS 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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Pursuant to a plea bargain, Appellant Lauren Nichole Richards pled true to the
State’s petition to proceed to the adjudication of her guilt for possession of less than
one gram of a controlled substance—heroin, a state jail felony,2 and she also waived
1
See Tex. R. App. P. 47.4.
2
See Tex. Health & Safety Code Ann. §§ 481.102(2) (providing heroin is a
penalty group 1 substance), .115(a)–(b) (providing knowing or intentional
possession of less than one gram of a penalty group 1 substance absent valid
prescription or order is a state jail felony) (West 2010).
various rights, including her right to appeal. The trial court sentenced her to the
agreed-upon punishment of seven months’ confinement in state jail.
Appellant filed a timely notice of appeal on May 25, 2012. The trial court’s
certification of Appellant’s right of appeal states that this is “a plea-bargain[ed] case,
and the defendant has NO right of appeal.” Accordingly, we sent a letter to
Appellant’s retained counsel requesting a response by August 30, 2012, showing
grounds for continuing the appeal. We have not received a response.
Despite the trial court’s failure to indicate Appellant’s waiver on its certification,
the signed plea papers reveal that Appellant waived her right of appeal as part of a
negotiated plea bargain at the time of adjudication.3 Based on her waiver, we
dismiss this appeal.4
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: September 20, 2012
3
See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000); see also
Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).
4
See Tex. R. App. P. 25.2(d), 43.2(f); Blanco, 18 S.W.3d at 220.
2