Miguel Angel Rodriguez v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00358-CR
No. 02-18-00359-CR
___________________________
MIGUEL ANGEL RODRIGUEZ, APPELLANT
V.
THE STATE OF TEXAS
On Appeal from Criminal District Court No. 2
Tarrant County, Texas
Trial Court Nos. 1517984D, 1520391D
Before Kerr, Pittman, and Birdwell, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Miguel Angel Rodriguez attempts to appeal his convictions for (1) possession
of less than one gram of methamphetamine, for which the trial court, pursuant to a
plea bargain, sentenced him to six months in a state-jail facility; and (2) possession of
one gram or more but less than four grams of methamphetamine, for which the trial
court, again pursuant to a plea bargain, sentenced him to five years in the penitentiary.
See Tex. Health & Safety Code Ann. § 481.115(b), (c) (West 2017). In both cases, as
part of the plea bargain, Rodriguez waived his right to appeal. Consistent with
Rodriguez’s plea bargains, the trial court’s appellate-right certifications both state that
each “is a plea-bargain case, and the defendant has NO right of appeal” and that “the
defendant has waived the right to appeal.” See Tex. R. App. P. 25.2(a)(2), (d).
Thereafter Rodriguez filed a pro se notice of appeal for both causes. On
August 15, 2018, we notified him and his trial counsel that his appeals could be
dismissed based on the trial court’s certifications unless he or any party wanting to
continue the appeals filed responses on or before August 27, 2018, showing grounds
for continuing the appeals. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. Neither Rodriguez
nor any other party has filed a response.
In accordance with the trial court’s certifications, we dismiss both appeals. See
Tex. R. App. P. 25.2(d), 43.2(f); see Arif v. State, No. 02-18-00126-CR,
2018 WL 2142777, at *1 (Tex. App.—Fort Worth May 10, 2018, no pet.) (mem. op.,
not designated for publication); Ponciano v. State, No. 02-17-00394-CR,
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2018 WL 1414731, at *1 (Tex. App.—Fort Worth Mar. 22, 2018, no pet.) (mem. op.,
not designated for publication).
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: October 11, 2018
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