Fire Insurance Exchange v. Judy Kennedy

COURT OF APPEALS

SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00253-CR

LAUREN NICHOLE RICHARDS APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY

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MEMORANDUM OPINION1

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Pursuant to a plea bargain, Appellant Lauren Nichole Richards pled true to the State’s petition to proceed to the adjudication of her guilt for possession of less than one gram of a controlled substance—heroin, a state jail felony,2 and she also waived various rights, including her right to appeal. The trial court sentenced her to the agreed-upon punishment of seven months’ confinement in state jail.

Appellant filed a timely notice of appeal on May 25, 2012. The trial court’s certification of Appellant’s right of appeal states that this is “a plea-bargain[ed] case, and the defendant has NO right of appeal.” Accordingly, we sent a letter to Appellant’s retained counsel requesting a response by August 30, 2012, showing grounds for continuing the appeal. We have not received a response.

Despite the trial court’s failure to indicate Appellant’s waiver on its certification, the signed plea papers reveal that Appellant waived her right of appeal as part of a negotiated plea bargain at the time of adjudication.3 Based on her waiver, we dismiss this appeal.4

PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: September 20, 2012