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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-289-CR
MICHAEL KAY PULLEN APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
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MEMORANDUM OPINION[1]
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On April 21, 2009, the trial court entered a judgment revoking Appellant Michael Kay Pullen=s community supervision for the offense of possession of a controlled substance under one gram and sentencing him to twenty months= confinement in a state jail. On May 11, 2009, Pullen filed a AMotion for New Trial or, Notice of Appeal.@ On August 20, 2009, Pullen filed a pro se ANotice of Appeal to Motion for Time Credit.@
On September 8, 2009, we notified Pullen that the trial court=s certification of his right to appeal had been filed under the date of August 27, 2009;[2] that the certification states this is a plea bargain case and he has no right of appeal; that the certification states he has waived the right of appeal; and that the appeal may be dismissed unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal with the court on or before September 18, 2009. Pullen filed a response, but it does not show grounds for continuing the appeal.[3] Therefore, in accordance with the trial court=s certification, we dismiss the appeal. See Tex. R. App. P. 25.2(a)(2), 43.2(f).
PER CURIAM
PANEL: MEIER, J.; CAYCE, C.J.; and LIVINGSTON, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 29, 2009
[1]See Tex. R. App. P. 47.4.
[2]See Tex. R. App. P. 25.2(d).
[3]To the extent Pullen contends that he is entitled to a greater back-time credit than what is reflected in the judgment, and to the extent his plea agreement with the State did not address whether he was to receive back-time credit or how much, Pullen=s remedy may be to file a motion for judgment nunc pro tunc in the trial court. See In re Gomez, 268 S.W.3d 262, 264B66 (Tex. App.CAustin 2008, no pet.); see also Collins v. State, 240 S.W.3d 925, 928B29 (Tex. Crim. App. 2007).