COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00163-CR

ELLIOT VANCE SIRBAUGH APPELLANT V. THE STATE OF TEXAS STATE

---------- FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1328754D ---------- MEMORANDUM OPINION 1 ---------- Pursuant to a plea-bargain agreement that contained the State’s punishment recommendation of twelve month’s confinement, the trial court convicted appellant Elliot Vance Sirbaugh of burglary of a building 2 and sentenced him to twelve months in a state jail. The trial judge, appellant, and See Tex. R. App. P. 47.4.

See Tex. Penal Code Ann. § 30.02(a), (c)(1) (West 2011). appellant’s counsel signed a certification stating that appellant had “NO right of appeal.” Nonetheless, appellant filed a notice of appeal, contending that his plea was the “result of his appointed counsel’s ineffectiveness and coercion.” 3 On May 1, 2014, we sent appellant a letter mentioning the certification and stating that unless he filed a response showing grounds for continuing the appeal, we could dismiss it. He has not responded. Thus, in accordance with the trial court’s certification, we dismiss the appeal. See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f), 44.3; Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim.

App. 2012); Cooper v. State, 45 S.W.3d 77, 82–83 (Tex. Crim. App. 2001).

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

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 21, 2014

In his plea paperwork, appellant affirmed that he was aware of the consequences of his plea and that the plea was “intelligently, knowingly, and voluntarily” entered.