James Edward Burns 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 NO. 02-14-00263-CR JAMES EDWARD BURNS APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1330419D ---------- MEMORANDUM OPINION1 ---------On June 13, 2014, as part of a plea-bargain agreement, appellant James Edward Burns pleaded guilty to aggravated robbery. See Tex. Penal Code Ann. § 29.03(a)(3)(A) (West 2011). Following the terms of the plea bargain, the trial court sentenced him to 25 years confinement. The trial court certified that Burns had no right to appeal. See Tex. R. App. P. 25.2(a)(2). 1 See Tex. R. App. P. 47.4. Burns filed a pro se notice of appeal on June 27, 2014. On July 11, 2014, we notified Burns s trial counsel and Burns that Burns had filed a notice of appeal, that the trial court certified that Burns had no right to appeal, and that we would dismiss the appeal unless Burns or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal no later than July 21, 2014. See Tex. R. App. P. 25.2(d), 44.3. As of the date of this memorandum opinion, we have received no response to our notice. There is no showing that Burns s sentence exceeded the State s recommendation, that Burns desires to appeal a matter that was raised by written motion filed and ruled on before trial, or that the trial court granted Burns permission to appeal. See Tex. R. App. P. 25.2(a)(2). Thus, in accordance with the trial court s certification, we dismiss this appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). PER CURIAM PANEL: GABRIEL, J.;LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 21, 2014 2

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