CJ Earl Crow v. The State of Texas Appeal from 263rd District Court of Harris County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed September 18, 2014. In The Fourteenth Court of Appeals NO. 14-14-00466-CR CJ EARL CROW, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 263rd District Court Harris County, Texas Trial Court Cause No. 1391563 MEMORANDUM OPINION Appellant entered a plea of guilty to aggravated assault with a deadly weapon. Pursuant to an agreement with the State, on August 15, 2013, the trial deferred a finding of guilt and placed appellant on community supervision for two years. The State subsequently moved to adjudicate appellant s guilt, alleging appellant violated the terms of his community supervision. The record reflects that appellant entered a plea of true to the allegations in the motion. On April 24, 2014, the trial court adjudicated appellant s guilt and sentenced him to confinement for four years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely notice of appeal. The record contains a waiver of the right of appeal signed by appellant. The trial court signed a certification of the defendant s right to appeal stating that appellant had waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court s certification is included in the clerk s record on appeal, and the record supports the certification. See Tex. R. App. P. 25.2(d); see also Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). On July 8, 2014, this court notified the parties of our intention to dismiss the appeal unless a response was filed demonstrating that appellant has the right to appeal. Appellant s appointed counsel requested additional time to respond after the complete record had been filed. On August 26, 2014, the official court reporter notified this court that no reporter s record was taken in this case. We notified appellant that his response to our dismissal notice was due on or before September 12, 2014. On September 12, 2014, appellant s appointed counsel responded that she had no further response to this court s dismissal notice and she would advise appellant about his other post-conviction options. Accordingly, we dismiss the appeal. PER CURIAM Panel consists of Justices McCally, Brown, and Wise. Do Not Publish Tex. R. App. P. 47.2(b). 2

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