Mark Allen Carter v. The State of Texas Appeal from 297th District Court of Tarrant County (memorandum opinion)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00386-CR MARK ALLEN CARTER APPELLANT V. THE STATE OF TEXAS STATE ---------FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1501283D ---------- MEMORANDUM OPINION1 ---------Mark Allen Carter attempts to appeal from his conviction for possession of a controlled substance of less than one gram of methylenedioxy methamphetamine. See Tex. Health & Safety Code Ann. § 481.103(a)(1) (West Supp. 2017), § 481.116(b) (West 2017). Carter pleaded guilty to the offense pursuant to a plea bargain, and in accordance with that plea, the trial court 1 See Tex. R. App. P. 47.4. sentenced him to six months in state jail. Consistent with Carter’s plea, the “Trial Court’s Certification of Defendant’s Right of Appeal” states that this “is a pleabargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2), (d). On December 1, 2017, we notified Carter that his appeal could be dismissed based upon the trial court’s certification unless he or any party desiring to continue the appeal filed a response on or before December 11, 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 dismiss the appeal. See Tex. R. App. P. 25.2(d), 43.2(f). /s/ Elizabeth Kerr ELIZABETH KERR JUSTICE PANEL: KERR, PITTMAN, and BIRDWELL, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: March 1, 2018 2

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