Nicholas Vernell Blair v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00327-CR
NICHOLAS VERNELL BLAIR, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 108th District Court
Potter County, Texas
Trial Court No. 80,809-E-CR, Honorable Dee Johnson, Presiding
December 15, 2022
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Pursuant to a plea bargain agreement, Appellant, Nicholas Vernell Blair, was
convicted of evading arrest or detention1 and sentenced to two years’ confinement.2 The
trial court’s certification of Appellant’s right of appeal reflects that this is a plea bargain
case from which Appellant has no right of appeal. The certification comports with the
1 See TEX. PENAL CODE ANN. § 38.04(b)(2)(A).
2 The Court notes that a judgment nunc pro tunc was signed by the trial court on November 7,
2022, correcting Appellant’s sentence.
record before the Court. Notwithstanding the certification, Appellant filed a notice of
appeal, pro se, challenging his conviction.3
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 November 14, 2022, we notified Appellant of the consequences
of the trial court’s certification and directed him to file a response demonstrating grounds
for continuing the appeal by November 28. To date, Appellant has not filed a response
or had any further communication with this Court.
Accordingly, we dismiss the appeal based on the trial court’s certification. See
TEX. R. APP. P. 25.2(d).
Per Curiam
Do not publish.
3 Appellant filed a document on November 3, 2022, which the Court has construed as a notice of
appeal from the trial court’s judgment of conviction and sentence.
2