Jeremy Carrington Newman 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. 02-18-00226-CR JEREMY CARRINGTON NEWMAN APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1513014D ---------- MEMORANDUM OPINION 1 ---------Jeremy Carrington Newman attempts to appeal from his state-jail-felony conviction for theft of property. See Tex. Penal Code Ann. § 31.03(e)(4)(A) (West Supp. 2017). Newman pleaded guilty pursuant to a plea bargain, and in accordance with the plea bargain, the trial court sentenced him to six months in a state-jail facility. Consistent with that plea, the “Trial Court’s Certification of 1 See Tex. R. App. P. 47.4. Defendant’s Right of Appeal” states that this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2). On June 19, 2018, we notified Newman 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 June 29, 2018, showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(d), 44.3. No response has been filed. 2 In accordance with the trial court’s certification, we dismiss Newman’s 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 DO NOT PUBLISH Tex.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: August 30, 2018 2 The post office returned the June 19, 2018 notice that we sent to Newman because he was no longer in the county jail—the only address Newman provided on his notice of appeal. The judgment shows that the trial court sentenced Newman to six months’ incarceration on April 13, 2018, and that it had credited him with over five months for time already served. Newman properly filed his notice of appeal on April 19, 2018, in the district clerk’s office, which forwarded it to us on May 16, 2018. See Tex. R. App. P. 25.2(c)(1). Newman has never filed anything directly in our court. 2
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