Lauren Nichole Richards v. State ( 2012 )

02-12-253-CR

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 OPINION[1]

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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 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DO NOT PUBLISH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

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00253-CR

Lauren Nichole Richards v. The State of Texas

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From Criminal District Court No. 4 of Tarrant County (1239057D) September 20, 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. 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).

[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.