Eliasar Moreno v. The State of Texas Appeal from 432nd District Court of Tarrant County (memorandum opinion)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00219-CR ELIASAR MORENO APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1387153D ---------- MEMORANDUM OPINION1 ---------Appellant Eliasar Moreno attempts to appeal from his conviction for driving while intoxicated, felony repetition. See Tex. Penal Code Ann. §§ 49.04, 49.09 (West Supp. 2016). Moreno pleaded guilty pursuant to a plea bargain, and in accordance with the plea bargain, the trial court sentenced him to ten years’ confinement, suspended the sentence, and placed him on six years’ community 1 See Tex. R. App. P. 47.4. supervision. The trial court’s certification states that this “is a plea-bargain case, and the defendant has NO right of appeal” and that “the defendant has waived the right of appeal.” See Tex. R. App. P. 25.2(a)(2). On July 14, 2017, we notified Moreno that his appeal could be dismissed based on the trial court’s certification unless he or any party desiring to continue the appeal filed a response on or before July 24, 2017, showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. No response has been filed. In accordance with the trial court’s certification, we therefore dismiss this appeal. See Tex. R. App. P. 25.2(d), 43.2(f). /s/ Sue Walker SUE WALKER JUSTICE PANEL: WALKER, MEIER, and GABRIEL, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 17, 2017 2

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