Jose Guadalupe Salazar v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00294-CR
JOSE GUADALUPE SALAZAR APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 1 OF DENTON COUNTY
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MEMORANDUM OPINION1
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Appellant Jose Guadalupe Salazar attempts to appeal from the trial court’s
revocation of his community supervision for assault-family violence.2 On
June 29, 2012, the trial court signed an order revoking appellant’s community
supervision and imposing a sentence of ninety days’ incarceration. On the same
day, the trial court signed a certification of appellant’s right to appeal, which was
1
See Tex. R. App. P. 47.4.
2
See Tex. Penal Code Ann. § 22.01(a) (West 2011).
also signed by appellant and appellant’s counsel. The certification states that
appellant “waived [his] right of appeal.” Nonetheless, just a few days after
signing the certification, appellant filed a notice of appeal.
On July 6, 2012, through a letter, we notified appellant of the contents of
the certification and stated that we would dismiss the appeal unless he filed a
response showing grounds for continuing the appeal. See Tex. R. App. P.
25.2(a)(2), (d). We have not received a response. Therefore, in accordance with
the trial court’s certification, we dismiss this appeal. See Tex. R. App. P. 25.2(d)
(“The appeal must be dismissed if a certification that shows the defendant has
the right of appeal has not been made part of the record under these rules.”),
43.2(f); Jackson v. State, 168 S.W.3d 239, 243 (Tex. App.—Fort Worth 2005, no
pet.).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: September 13, 2012
2