COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-371-CR
MARK EDWIN HARDESTY 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 OPINION 1
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Pursuant to a plea bargain, the trial court convicted Appellant Mark Edwin
Hardesty upon his plea of guilty to the offense of robbery and sentenced him
to twenty years’ confinement. The habitual paragraphs were waived.
Appellant filed a timely notice of appeal.
The trial court’s certification states that this is a plea-bargained case and
that Appellant has no right of appeal. Accordingly, we informed Appellant’s
1
See Tex. R. App. P. 47.4.
counsel and Appellant by letter on October 30, 2009, that this appeal was
subject to dismissal unless Appellant or any party filed a response showing
grounds for continuing it on or before November 9, 2009. 2
In response, Appellant filed a “Motion to Amend the Notice of Appeal to
Correct Defects or Irregularities Pursuant to Tex. R. App. P. 25.2(d).” We grant
the motion in part and deny it in part and file the amended notice of appeal as
of the date we received it, November 6, 2009. We deny all other pending
motions.
The amended notice of appeal does not show grounds for continuing the
appeal. Because Appellant’s response to our inquiry does not present a valid
ground for continuing this appeal in light of the trial court’s certification that he
has no right of appeal, we dismiss this appeal. 3
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 17, 2009
2
See Tex. R. App. P. 25.2(a)(2), 25.2(d).
3
See Tex. R. App. P. 25.2(d), 43.2(f).
2