John Murphy v. The State of Texas--Appeal from 361st District Court of Brazos County (majority)
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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-13-0036-CR ________________________ JOHN MURPHY, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 361ST District Court Brazos County, Texas Trial Court No. 11-00935-CRF-361, Honorable Harold Bob Towslee, Presiding February 20, 2013 MEMORANDUM OPINION Before Quinn, C.J., and Hancock and Pirtle, JJ. Pursuant to a plea bargain, Appellant, John Murphy, was convicted of injury to a child, elderly individual, or disabled individual with an affirmative finding on use of a deadly weapon and sentenced to thirty-five years confinement. 1 The Trial Court's Certification of Defendant's Right of Appeal reflects that Appellant's case is a plea bargain case, that he has no right of appeal and that he waived the right of appeal. The 1 TEX. PENAL CODE ANN. ยง 22.04(e) (W EST SUPP. 2012). certification notwithstanding, Appellant s counsel filed a notice of appeal challenging the conviction. By letter dated January 16, 2013, 2 the transferor court notified Appellant s counsel of the consequences of the certification and invited him to file a response showing grounds for continuing the appeal on or before February 6, 2013, noting that failure to do so would result in dismissal of the appeal. Counsel did not file a response. Consequently, we have no alternative but to dismiss this appeal based on the certification signed by the trial court. See TEX. R. APP. P. 25.2(d). Patrick A. Pirtle Justice Do not publish. 2 Originally appealed to the 10th Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. TEX. GOV=T CODE ANN. ' 73.001 (W EST 2005). We are unaware of any conflict between precedent of the 10th Court of Appeals and that of this Court on certifications of defendant s right of appeal. TEX. R. APP. P. 41.3. 2
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