Weldon Eugene Shelton v. State ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00146-CR
WELDON EUGENE SHELTON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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Pursuant to a plea bargain, Weldon Eugene Shelton pled guilty to
possession of less than one gram of methamphetamine. The trial court’s
certification of appellant’s right to appeal states that this “is a plea-bargain case,
and the defendant has NO right of appeal.”
On April 10, 2012, we sent the parties a letter notifying them that the
appeal could be dismissed unless any party filed a response showing grounds for
1
See Tex. R. App. P. 47.4.
continuing the appeal. See Tex. R. App. P. 25.2(d), 43.2(f). Appellant filed a pro
se response contending that he had filed a pretrial motion to suppress, which he
was trying to appeal. But his appointed counsel filed a response conceding that
appellant has no right of appeal.
Appellant’s response does not show grounds for continuing the appeal.
Rule 25.2(a)(2) provides that a plea-bargaining defendant may appeal only
matters that were raised by written motion filed and ruled on before trial. Tex. R.
App. P. 25.2(a)(2); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006)
(requiring appellate courts to dismiss prohibited appeal without further action,
regardless of basis for appeal). There is no order from the trial court ruling on
appellant’s motion.2 Moreover, appellant signed written plea admonishments in
which he waived any right of appeal. Thus, we dismiss the appeal. See Tex. R.
App. P. 25.2(d), 43.2(f); Chavez, 183 S.W.3d at 680.
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 14, 2012
2
Appellant waived a reporter’s record.
2