v.
State
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-0036-CR
JOHN MURPHY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 361ST District Court
Brazos County, Texas
Trial Court No. 11-00935-CRF-361, Honorable Harold “Bob” Towslee, Presiding
February 20, 2013
MEMORANDUM OPINION
Before Quinn, C.J., and Hancock and Pirtle, JJ.
Pursuant to a plea bargain, Appellant, John Murphy, was convicted of injury to a child, elderly individual, or disabled individual with an affirmative finding on use of a deadly weapon and sentenced to thirty-five years confinement. 1 The Trial Court's Certification of Defendant's Right of Appeal reflects that Appellant's case is a plea bargain case, that he has no right of appeal and that he waived the right of appeal. The
1 TEX. PENAL CODE ANN. § 22.04(e) (W EST SUPP. 2012). certification notwithstanding, Appellant’s counsel filed a notice of appeal challenging the conviction.
By letter dated January 16, 2013, [2] the transferor court notified Appellant’s counsel of the consequences of the certification and invited him to file a response showing grounds for continuing the appeal on or before February 6, 2013, noting that failure to do so would result in dismissal of the appeal.
Counsel did not file a response. Consequently, we have no alternative but to dismiss this appeal based on the certification signed by the trial court. See TEX. R. APP. P. 25.2(d).
Patrick A. Pirtle Justice
Do not publish.