Rickie Wayne Fagan v. The State of Texas--Appeal from 396th District Court of Tarrant County
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-07-188-CR RICKIE WAYNE FAGAN APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 ON REHEARING -----------On May 22, 2008, we granted the State s motion for rehearing and withdrew this court s prior opinion and judgment of March 27, 2008 because the original certification of appellant s right of appeal was defective. 2 1 2 ¦ See T EX. R. A PP. P. 47.4. ¦ Although the trial court s certification of appellant s right to appeal stated that this case is not a plea-bargain case, and the defendant has the right of appeal, the record shows that appellant pled guilty pursuant to a plea bargain. See T EX. R. A PP. P. 25.2(a)(2); Shankle v. State, 119 S.W.3d 808, Accordingly, we abated the appeal so that the trial court could file an amended certification of appellant s right of appeal. On May 29, 2008, we reinstated the case after receiving an amended notice of appeal from the trial court indicating that this case is a plea-bargain case, and [appellant] has NO right of appeal. We sent appellant a letter giving him until June 26, 2008 to show grounds why the appeal should not be dismissed based upon the new certification, but we have not received any response. See T EX. R. A PP. P. 25.2(d), 43.2(f). Therefore, in accordance with the amended trial court certification, we dismiss this appeal. See id.; Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Jackson v. State, 168 S.W.3d 239, 243 (Tex. App. Fort Worth 2005, no pet.). PER CURIAM PANEL: LIVINGSTON, J.; CAYCE, C.J.; and MCCOY, J. DO NOT PUBLISH T EX. R. A PP. P. 47.2(b) DELIVERED: August 7, 2008 812 14 (Tex. Crim. App. 2003); Menjivar v. State, No. 01-06-00085-CR, 2007 WL 4099409, at *2 (Tex. App. Houston [1st Dist.] Nov. 15, 2007, no pet.) ( An agreement to a sentencing cap is an agreed plea bargain for purposes of Rule 25.2(a)(2). ). 2
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