Court of Civil Appeals of Texas, 2013

Joseph Sheldon Hutcheson v. State

Joseph Sheldon Hutcheson v. State
Court of Civil Appeals of Texas · Decided May 16, 2013

Joseph Sheldon Hutcheson v. State

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00081-CR NO. 02-13-00082-CR NO. 02-13-00083-CR NO. 02-13-00084-CR JOSEPH SHELDON HUTCHESON APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ---------- On February 14, 2013 as part of a plea bargain agreement, Joseph Sheldon Hutcheson pleaded guilty to possession of less than one gram of a controlled substance and three charges of driving while intoxicated. The trial court sentenced him to five years’ confinement on the charges of driving while

See Tex. R. App. P. 47.4. intoxicated and six months’ confinement on the possession offense, all to run concurrently. The trial court certified that Hutcheson had no right to appeal. See Tex. R. App. P. 25.2(a)(2).

Hutcheson filed four pro se notices of appeal on February 22, 2013. On February 28, 2013, we notified Hutcheson’s trial counsel and Hutcheson that Hutcheson had filed pro se notices of appeal, that the trial court certified that Hutcheson had no right to appeal, and that we would dismiss the appeal unless Hutcheson or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal no later than March 11, 2013. See Tex. R. App. P. 25.2(d), 44.3.

As of the date of this memorandum opinion, we have received no response to our notice. There is no showing that Hutcheson’s sentence exceeded the State’s recommendation, that Hutcheson desires to appeal a matter that was raised by written motion filed and ruled on before trial, or that the trial court granted Hutcheson permission to appeal. See Tex. R. App. P. 25.2(a)(2). Thus, in accordance with the trial court’s certification, we dismiss this appeal. See Tex. R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim.

App. 2006).

PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: May 16, 2013

Case-law data current through December 31, 2025. Source: CourtListener bulk data.