Nicholas Vernell Blair v. The State of Texas Appeal from 108th District Court of Potter County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
In The Court of Appeals Seventh District of Texas at Amarillo No. 07-22-00327-CR NICHOLAS VERNELL BLAIR, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 108th District Court Potter County, Texas Trial Court No. 80,809-E-CR, Honorable Dee Johnson, Presiding December 15, 2022 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ. Pursuant to a plea bargain agreement, Appellant, Nicholas Vernell Blair, was convicted of evading arrest or detention1 and sentenced to two years’ confinement.2 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. The certification comports with the 1 2 See TEX. PENAL CODE ANN. § 38.04(b)(2)(A). The Court notes that a judgment nunc pro tunc was signed by the trial court on November 7, 2022, correcting Appellant’s sentence. record before the Court. Notwithstanding the certification, Appellant filed a notice of appeal, pro se, challenging his conviction.3 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 November 14, 2022, we notified Appellant of the consequences of the trial court’s certification and directed him to file a response demonstrating grounds for continuing the appeal by November 28. To date, Appellant has not filed a response or had any further communication with this Court. Accordingly, we dismiss the appeal based on the trial court’s certification. See TEX. R. APP. P. 25.2(d). Per Curiam Do not publish. 3 Appellant filed a document on November 3, 2022, which the Court has construed as a notice of appeal from the trial court’s judgment of conviction and sentence. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.