Court of Civil Appeals of Texas, 2024

Guy Salone v. the State of Texas

Guy Salone v. the State of Texas
Court of Civil Appeals of Texas · Decided December 19, 2024

Guy Salone v. the State of Texas

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00379-CR ___________________________ GUY SALONE, Appellant V. THE STATE OF TEXAS

On Appeal from Criminal District Court No. 1 Tarrant County, Texas Trial Court No. 1769300

Before Bassel, Womack, and Wallach, JJ.

Per Curiam Memorandum Opinion MEMORANDUM OPINION Appellant Guy Salone attempts to appeal from his conviction for manufacture or delivery of a controlled substance of more than one gram but less than four grams.

Appellant pleaded guilty to that lesser-included offense1 in exchange for the State’s waiving multiple other counts and the habitual-offender notice and recommending a four-year sentence. The trial court sentenced Appellant in accordance with the plea recommendation. The trial court signed a certification of Appellant’s right to appeal in which it certified that this is “a plea-bargain case, and the defendant has NO right of appeal.” Appellant and his counsel signed the certification. Nonetheless, Appellant filed a notice of appeal.2 On November 22, 2024, we sent a letter to Appellant and his appointed counsel that informed them of the statement in the certification and that explained that unless Appellant filed a response showing grounds for continuing the appeal by December 2, 2024, the appeal could be dismissed. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. We received no response. Thus, in accordance with the trial court’s certification that Appellant has no right to appeal, we dismiss the appeal. See Tex. R. App. P.

He was charged with manufacture or delivery of a controlled substance of more than four grams but less than 200 grams.

The following week, Appellant filed a “Notice to Disregard Appella[nt’s] Decision to Appeal Case,” stating that he had made a conscious decision to not pursue an appeal in this case. His notice did not, however, comply with Texas Rule of Appellate Procedure 42.2, which specifically governs how to voluntarily dismiss a criminal case. See Tex. R. App. P. 42.2.

25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Carter v. State, No. 02-15-00243-CR, 2015 WL 6394158, at *1 (Tex. App.—Fort Worth Oct.

22, 2015, no pet.) (per curiam) (mem. op., not designated for publication).

Per Curiam Do Not Publish Tex. R. App. P. 47.2(b) Delivered: December 19, 2024

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