Jeff Villarreal v. The State of Texas Appeal from 140th District Court of Lubbock County (memorandum opinion)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-18-00401-CR JEFF VILLARREAL, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. 2018-414,311, Honorable Jim Bob Darnell, Presiding December 11, 2018 MEMORANDUM OPINION Before CAMPBELL and PIRTLE and PARKER, JJ. Pursuant to a plea bargain agreement, appellant Jeff Villarreal was convicted of aggravated assault with a deadly weapon1 and sentenced to five years’ confinement. The trial court’s certification of appellant’s right of appeal reflects that appellant’s case is a plea-bargain case with no right of appeal and that appellant waived the right of appeal. 1 TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). See TEX. R. APP. P. 25.2(a)(2), (d). Notwithstanding the certification, appellant filed a notice of appeal, proceeding pro se, challenging his conviction. We are required by appellate rule 25.2(d) to dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made part of the record.” TEX. R. APP. P. 25.2(d). By letter dated November 14, 2018, we 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 November 28. To date, appellant has not filed an amended certification reflecting a right of appeal or a response to our letter. Accordingly, the appeal is dismissed. TEX. R. APP. P. 25.2(d). Judy C. Parker Justice Do not publish. 2
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