Michael J. Harden v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00054-CR
___________________________
MICHAEL J. HARDEN, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 297th District Court
Tarrant County, Texas
Trial Court No. 1561348D
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
In accordance with a plea bargain, the trial court convicted appellant Michael J.
Harden of possession of less than one gram of methamphetamine and imposed a
sentence confining him for ten months in state jail. Harden filed a pro se notice of
appeal stating that he intended to appeal an issue that he raised by pretrial written
motion and that the trial court had ruled on. The trial court’s certification of Harden’s
right to appeal, however, indicates that this is a plea bargain case and Harden has
“NO right of appeal.”
Although we notified Harden and his trial counsel that we could dismiss the
appeal based on the certification, neither has responded. See Tex. R. App. 25.2(d), 44.3.
Not only did Harden waive any pretrial motions as part of his plea bargain
agreement, see Hall v. State, Nos. 02-17-00311–314-CR, 2017 WL 6615888, at *1 (Tex.
App.––Fort Worth Dec. 21, 2017, no pet.) (mem. op., not designated for publication),
the clerk’s record does not show that the trial court ruled on any of the pretrial
motions Harden filed. Therefore, in accordance with the trial court’s certification, we
dismiss this appeal. See Tex. R. App. P. 25.2(a), (d), 43.2(f); Chavez v. State, 183 S.W.3d
675, 680 (Tex. Crim. App. 2006).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: May 2, 2019
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