Nathan Gene Collins v. State ( 2020 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
Nos. 07-19-00333-CR
07-19-00334-CR
07-19-00335-CR
________________________
NATHAN GENE COLLINS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 181st District Court
Potter County, Texas
Trial Court Nos. 74,154-B-CR, 76,517-B-CR, 77,804-B-CR; Honorable Dan L. Schaap, Presiding
January 6, 2020
MEMORANDUM OPINION
Before PIRTLE and PARKER and DOSS, JJ.
Pursuant to plea bargain agreements, Appellant, Nathan Gene Collins, was
convicted of unauthorized use of a motor vehicle,1 possession of a controlled substance
1TEX. PENAL CODE ANN. § 31.07 (West 2016) (state jail felony). Appellant’s range of punishment
was enhanced by two prior state jail felony convictions. Id. at § 12.425 (a) (West 2019).
in an amount less than one gram,2 and bail jumping and failure to appear.3 He was
sentenced to five years confinement for each offense, with the sentences to run
concurrently. The trial court’s certifications of Appellant’s right of appeal reflect that these
are plea-bargained cases with no right of appeal and that Appellant has waived the right
of appeal. Notwithstanding the certifications, Appellant filed a notice of appeal
challenging his convictions.
We are required by Rule of Appellate Procedure 25.2(d) to dismiss an appeal “if a
certification that shows the defendant has the right of appeal has not been made part of
the record.” By letter of October 28, 2019, we notified Appellant of the consequences of
the certifications and invited him to file amended certifications providing a right of appeal
or demonstrate other grounds for continuing the appeals by November 7. We
subsequently granted Appellant an extension to December 16 to file a response.
Appellant has not responded to the court’s letter to date.
Accordingly, we dismiss the appeals based on the trial court’s certifications. TEX.
R. APP. P. 25.2(d).
Per Curiam
Do not publish.
2 TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West 2017) (state jail felony). Appellant’s range
of punishment was enhanced by two prior state jail felony convictions. TEX. PENAL CODE ANN. § 12.425(a).
3TEX. PENAL CODE ANN. § 38.10(f) (West 2016) (third degree felony). Appellant’s range of
punishment was enhanced by a prior final felony conviction. TEX. PENAL CODE ANN. § 12.42(a) (West 2019).
2