Eddie Junior Amaro v. The State of Texas Appeal from 181st District Court of Randall County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-17-00095-CR ________________________ EDDIE JUNIOR AMARO, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 181st District Court Randall County, Texas Trial Court No. 24,413-B; Honorable John B. Board, Presiding May 10, 2017 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Appellant, Eddie Junior Amaro, was charged with aggravated assault with a deadly weapon.1 Pursuant to a plea bargain, the trial court placed Appellant on five years deferred adjudication community supervision with a $1,000 fine. The State subsequently moved to adjudicate Appellant guilty of the offense for violating the 1 TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). conditions of community supervision. The trial court granted the State’s motion, entered a finding of guilt, and sentenced Appellant to twenty years confinement with a $1,000 fine. The trial court's certification of Appellant’s right of appeal filed in this case reflects that Appellant's case is a plea-bargained case with no right of appeal and that Appellant waived the right of appeal. The certification notwithstanding, Appellant filed a pro se notice of appeal challenging his conviction and requesting the appointment of appellate counsel. By letter dated April 13, 2017, this court notified Appellant of the consequences of the certification and invited him to file an amended certification showing a right of appeal or demonstrate other grounds for continuing the appeal, on or before May 1, 2017. To date, Appellant has not filed an amended certification reflecting a right of appeal or a response to the court’s April 13 letter. Consequently, we have no alternative but to dismiss the appeal based on the certification signed by the trial court. See TEX. R. APP. P. 25.2(d). Accordingly, we deny Appellant’s request for appointed counsel and dismiss the appeal. It is so ordered. Per Curiam Do not publish. 2

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