Lauren Nichole Richards v. The State of Texas--Appeal from Criminal District Court No. 4 of Tarrant County (per curiam)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00253-CR LAUREN NICHOLE RICHARDS APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 ---------Pursuant to a plea bargain, Appellant Lauren Nichole Richards pled true to the State s petition to proceed to the adjudication of her guilt for possession of less than one gram of a controlled substance heroin, a state jail felony,2 and she also waived 1 See Tex. R. App. P. 47.4. 2 See Tex. Health & Safety Code Ann. ยงยง 481.102(2) (providing heroin is a penalty group 1 substance), .115(a) (b) (providing knowing or intentional possession of less than one gram of a penalty group 1 substance absent valid prescription or order is a state jail felony) (West 2010). various rights, including her right to appeal. The trial court sentenced her to the agreed-upon punishment of seven months confinement in state jail. Appellant filed a timely notice of appeal on May 25, 2012. The trial court s certification of Appellant s right of appeal states that this is a plea-bargain[ed] case, and the defendant has NO right of appeal. Accordingly, we sent a letter to Appellant s retained counsel requesting a response by August 30, 2012, showing grounds for continuing the appeal. We have not received a response. Despite the trial court s failure to indicate Appellant s waiver on its certification, the signed plea papers reveal that Appellant waived her right of appeal as part of a negotiated plea bargain at the time of adjudication.3 Based on her waiver, we dismiss this appeal.4 PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: September 20, 2012 3 See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000); see also Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). 4 See Tex. R. App. P. 25.2(d), 43.2(f); Blanco, 18 S.W.3d at 220. 2
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