Jose Guadalupe Salazar v. State ( 2012 )

02-12-294-CR

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00294-CR

Jose Guadalupe Salazar		APPELLANT
V.
The State of Texas		STATE

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FROM County Criminal Court No. 1 OF Denton COUNTY

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MEMORANDUM OPINION[1]

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          Appellant Jose Guadalupe Salazar attempts to appeal from the trial court’s revocation of his community supervision for assault-family violence.[2] On June 29, 2012, the trial court signed an order revoking appellant’s community supervision and imposing a sentence of ninety days’ incarceration. On the same day, the trial court signed a certification of appellant’s right to appeal, which was also signed by appellant and appellant’s counsel.  The certification states that appellant “waived [his] right of appeal.”  Nonetheless, just a few days after signing the certification, appellant filed a notice of appeal.

          On July 6, 2012, through a letter, we notified appellant of the contents of the certification and stated that we would dismiss the appeal unless he filed a response showing grounds for continuing the appeal.  See Tex. R. App. P. 25.2(a)(2), (d).  We have not received a response.  Therefore, in accordance with the trial court’s certification, we dismiss this appeal.  See Tex. R. App. P. 25.2(d) (“The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.”), 43.2(f); Jackson v. State, 168 S.W.3d 239, 243 (Tex. App.—Fort Worth 2005, no pet.).

PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  September 13, 2012

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00294-CR

Jose Guadalupe Salazar v. The State of Texas

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From County Criminal Court No. 1 of Denton County (CR-2010-03755-A) September 13, 2012 Per Curiam (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

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[1]See Tex. R. App. P. 47.4.

[2]See Tex. Penal Code Ann. § 22.01(a) (West 2011).