Christopher Kerry Norton v. The State of Texas--Appeal from 213th District Court of Tarrant County
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-009-CR CHRISTOPHER KERRY NORTON APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 -----------On September 15, 2008, we abated this appeal because the original certification of appellant s right of appeal was defective. 2 We ordered the trial 1 2 ¦ See Tex. R. App. P. 47.4. ¦ Although the trial court s certification of appellant s right to appeal stated that this case is not a plea-bargained case and the defendant has the right of appeal, the record shows that appellant pled guilty pursuant to a plea bargain. See Tex. R. App. P. 25.2(a)(2); Shankle v. State, 119 S.W.3d 808, 812 14 (Tex. Crim. App. 2003); Carender v. State, 155 S.W.3d 929, 930 31 (Tex. App. Dallas 2005, no pet.) (applying Shankle to case in which State court to file an amended certification of appellant s right of appeal. 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 reinstated the appeal and sent appellant a letter giving him the opportunity to show grounds why the appeal should not be dismissed based upon the new certification. See Tex. R. App. P. 25.2(d), 43.2(f). We have not received a response showing grounds for continuing the appeal. Therefore, in accordance with the amended trial court certification, we dismiss this appeal. See Tex. R. App. P. 25.2(d), 43.2(f); 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 PER CURIAM PANEL: LIVINGSTON, J.; CAYCE, C.J.; and MCCOY, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: November 20, 2008 waived enhancement paragraphs, thus reducing the maximum punishment from ninety-nine years or life (enhanced first degree felony) to twenty years (second degree felony)). 2
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