Hunter Ray Peters v. The State of Texas Appeal from 251st District Court of Potter County (memorandum opinion )

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-14-00231-CR HUNTER RAY PETERS, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 251st District Court Potter County, Texas Trial Court No. 64364-C, Honorable Ana Estevez, Presiding August 7, 2014 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Appellant Hunter Ray Peters filed a pro se notice of appeal seeking to challenge his conviction for theft. The district clerk provided a copy of the trial court s certification of appellant s right of appeal. According to the certification, appellant made a plea bargain agreement by which he had no right of appeal, or appellant waived the right of appeal. See TEX. R. APP. P. 25.2(a)(2) and (d). By letter of June 13, 2014, we notified appellant of the terms of the trial court s certification barring appeal, and that the case would be dismissed without further notice unless he filed an amended certificate by July 7 indicating a right of appeal. See TEX. R. APP. P. 25.2(d). Appellant has made no response. We therefore dismiss the 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) ( A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal ). James T. Campbell Justice Do not publish. 2

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