Avery R. Barbee v. The State of Texas Appeal from 371st District Court of Tarrant County (memorandum opinion per curiam)
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NOS. 02-14-00168-CR 02-14-00169-CR AVERY R. BARBEE APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY TRIAL COURT CAUSE NOS. 1331577D, 1331579D ---------- MEMORANDUM OPINION1 ---------Under the terms of a plea-bargain agreement to dispose of two charges, Avery R. Barbee pled guilty to two counts of aggravated robbery with a deadly weapon. Barbee has now given notice of appeal from the judgments. We sent the parties a letter stating that the trial court s certifications of Barbee s right to appeal state that these are plea-bargain cases and that Barbee has no right of 1 See Tex. R. App. P. 47.4. appeal, see Tex. R. App. P. 25.2(a)(2), and we informed the parties that these appeals may be dismissed unless any party desiring to continue them filed with the court, on or before a date certain, a response showing grounds for doing so. See Tex. R. App. P. 25.2(d), 44.3. We have received and reviewed Barbee s counsel s responses and discern therefrom no grounds to continue these appeals. Rule 25.2(a)(2) of the rules of appellate procedure provides that in a pleabargain case, the defendant may appeal only those matters that were raised by written motion filed and ruled on before trial or after getting the trial court s permission to appeal. Tex. R. App. P. 25.2(a)(2). Here, the record shows that Barbee waived all pretrial motions, and the trial court has not consented to an appeal. Accordingly, we dismiss these appeals for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f). PER CURIAM PANEL: GARDNER, WALKER, and MCCOY, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: July 31, 2014 2
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