Stephen Michael Nieto v. The State of Texas Appeal from 154th District Court of Lamb County (opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-20-00144-CR STEPHEN MICHAEL NIETO, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 154th District Court Lamb County, Texas Trial Court No. DCR-5938-19, Honorable Feliz Klein, Presiding August 25, 2020 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and DOSS, JJ. Pursuant to a plea-bargain agreement, appellant Stephen Michael Nieto was convicted of assault on a family or household member. The trial court’s certification of appellant’s right of appeal reflects that this is a plea-bargain case from which appellant has no right of appeal and that appellant has waived the right of appeal. Notwithstanding the certification, appellant filed a notice of appeal, pro se, challenging his conviction. We are required by Rule of Appellate Procedure 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.” By letter of July 2, 2020, we notified appellant of the consequences of the trial court’s certification and invited him to demonstrate grounds for continuing the appeal. Appellant has filed a response but has not demonstrated cause for continuing the appeal. Accordingly, we dismiss the appeal based on the trial court’s certification. TEX. R. APP. P. 25.2(d). Per Curiam Do not publish. 2

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