Amador Rodriguez v. The State of Texas--Appeal from 364th District Court of Lubbock County

NO. 07-05-0024-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D

MAY 19, 2005
______________________________
AMADOR RODRIGUEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2004-404928; HONORABLE BRADLEY S. UNDERWOOD, JUDGE
_______________________________

Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pursuant to a plea of guilty, appellant Amador Rodriguez was convicted of possession with intent to deliver, enhanced, and punishment was assessed at 15 years confinement. Proceeding pro se, appellant filed a notice of appeal challenging his conviction.

The clerk's record contains a certification of defendant's right of appeal by which the trial court certified the underlying case was a plea-bargain case with no right of appeal. By letter dated April 18, 2005, this Court notified appellant that the certification indicated no right of appeal and requested a response by May 9, 2005, noting that failure to file an amended certification would result in dismissal. (1) See Tex. R. App. P. 25.2(a)(2) & (d); Stowe v. State, 124 S.W.3d 228, 232 (Tex.App.-El Paso 2003, no pet.). Appellant did not respond and no amended certification reflecting a right to appeal has been filed in a supplemental record. Thus, we dismiss the appeal.

Accordingly, the appeal is dismissed.

Don H. Reavis

Justice

1. Appellant was first notified he may not have a right to appeal by letter dated March 15, 2005, addressed to him at the Lynn County Jail in Tahoka, Texas. Following the return of that letter with the envelope marked "Moved, Left No Address," appellant was located at the Middleton Unit in Abilene, Texas, and a second notice letter was then mailed.