Elliot Vance Sirbaugh v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00163-CR
ELLIOT VANCE SIRBAUGH APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1328754D
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MEMORANDUM OPINION 1
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Pursuant to a plea-bargain agreement that contained the State’s
punishment recommendation of twelve month’s confinement, the trial court
convicted appellant Elliot Vance Sirbaugh of burglary of a building 2 and
sentenced him to twelve months in a state jail. The trial judge, appellant, and
1
See Tex. R. App. P. 47.4.
2
See Tex. Penal Code Ann. § 30.02(a), (c)(1) (West 2011).
appellant’s counsel signed a certification stating that appellant had “NO right of
appeal.” Nonetheless, appellant filed a notice of appeal, contending that his plea
was the “result of his appointed counsel’s ineffectiveness and coercion.” 3
On May 1, 2014, we sent appellant a letter mentioning the certification and
stating that unless he filed a response showing grounds for continuing the
appeal, we could dismiss it. He has not responded. Thus, in accordance with
the trial court’s certification, we dismiss the appeal. See Tex. R. App. P.
25.2(a)(2), (d), 43.2(f), 44.3; Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim.
App. 2012); Cooper v. State, 45 S.W.3d 77, 82–83 (Tex. Crim. App. 2001).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 21, 2014
3
In his plea paperwork, appellant affirmed that he was aware of the
consequences of his plea and that the plea was “intelligently, knowingly, and
voluntarily” entered.
2