Curtis Ray Goldsmith v. State

IN THE
TENTH COURT OF APPEALS
No. 10-08-00278-CR
CURTIS RAY GOLDSMITH,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 249th District Court
Johnson County, Texas
Trial Court No. F37155
MEMORANDUM OPINION
Curtis R. Goldsmith appeals from a plea-bargained judgment of conviction with
ten years’ community supervision for the felony offense of tampering with a
government record. Specifically, Goldsmith appears to be appealing from the trial
court’s subsequent order amending conditions of his community supervision.
The Clerk of this Court warned Goldsmith that because the trial court noted on
the certification of defendant’s right of appeal that “the defendant has NO right to
appeal because the Court modified the terms and conditions of his probation,” the
Court might dismiss the appeal unless, within 21 days, we received a certification
stating that Goldsmith has a right to appeal or a response was filed showing grounds
for continuing the appeal. See TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680
(Tex. Crim. App. 2006).
Goldsmith has not shown grounds to continue the appeal in response to the
Clerk’s warning, and we have not received a certification stating that Goldsmith has a
right to appeal. This appeal is dismissed. See Chavez, 183 S.W.3d at 680; Davis v. State,
205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed October 1, 2008
Do not publish
[CR25]
Goldsmith v. State Page 2