IN THE TENTH COURT OF APPEALS No. 10-12-00144-CR JOSEPH ATKINS, Appellant v. THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2011-1252-C2

MEMORANDUM OPINION

Joseph Atkins attempts to appeal from his conviction for possession of a controlled substance. By letter dated May 18, 2012, the Clerk of this Court notified Atkins that the appeal was subject to dismissal because it appeared that the trial court’s certificate of right of appeal indicated that this was a plea bargain case and he had no right to appeal. See TEX. R. APP. P. 25.2 (a) (2), (d). The record contains a written waiver of appeal signed by Atkins. The Clerk also warned Atkins that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing

Atkins v. State Page 1 grounds for continuing the appeal. See TEX. R. APP. P. 44.3. Atkins did not file a response.

Accordingly, this appeal is dismissed.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed July 19, 2012 Do not publish [CR 25]

Atkins v. State Page 2