Cindy Hanes Scearce a.k.a. Cindy A. Hanes v. The State of Texas Appeal from 297th District Court of Tarrant County (memorandum opinion )
Annotate this Case
Download PDF
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00008-CR CINDY HANES SCEARCE A.K.A. CINDY A. HANES APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1405204D ---------- MEMORANDUM OPINION1 ---------On November 29, 2016, the trial court revoked Appellant Cindy Hanes Scearce a.k.a. Cindy A. Hanes’s deferred-adjudication community supervision, adjudicated her guilty of the state-jail felony offense of forgery by possession of a check with intent to pass, and sentenced her to six months’ confinement. See Tex. Penal Code Ann. § 32.21(b), (d) (West 2016). That same day, the trial 1 See Tex. R. App. P. 47.4. court entered its certification of Hanes’s right to appeal. See Tex. R. App. P. 25.2(a)(2). The certification states that “the defendant has waived the right to appeal.” On December 28, 2016, Hanes filed a pro se notice of appeal. On January 6, 2017, we notified Hanes and her court-appointed counsel that the certification indicating that she waived the right to appeal had been filed in this court and that this appeal could be dismissed unless she or any party desiring to continue the appeal filed, by January 17, 2017, a response showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. On January 17, 2017, Hanes’s court-appointed counsel filed a letter stating that the trial court’s certification indicates that Hanes waived her right to appeal, and that after examining the trial court’s record, he did not find any amendments to that certification. No other response showing grounds to continue this appeal has been filed. Thus, because the trial court’s certification affirmatively shows that Hanes has waived the right to appeal, we dismiss the appeal. See Tex. R. App. P. 43.2(f); Villagomez v. State, No. 02-14-00439-CR, 2014 WL 7204521, at *1 (Tex. App.— Fort Worth Dec. 18, 2014, no pet.) (mem. op., not designated for publication); Hill v. State, 929 S.W.2d 607, 609 (Tex. App.—Waco 1996, no pet.). 2 /s/ Lee Gabriel LEE GABRIEL JUSTICE PANEL: GABRIEL, SUDDERTH, and KERR, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: February 2, 2017 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
