IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
FEBRUARY 26, 2004
______________________________
VIVIAN COONS, ET AL., APPELLANTS
V.
TERRY COUNTY APPRAISAL DISTRICT, APPELLEE
_________________________________
FROM THE 121ST DISTRICT COURT OF TERRY COUNTY
NO.15803 ; HONORABLE KELLY G. MOORE, JUDGE
_______________________________
Before QUINN and REAVIS and CAMPBELL, JJ.
ON AGREED MOTION FOR CONSOLIDATION OF APPEALS
AND FOR BRIEFING SCHEDULE
Pending before this Court is an agreed motion for consolidation of four cases and for a briefing schedule in cause numbers 07-04-0005-CV, 07-04-0007-CV, 07-04-0017-CV, and 07-04-0019-CV. Pursuant to Rule 2 of the Texas Rules of Appellate Procedure, (1) we grant the motion in part for the limited purpose of filing the appellate record and the briefs as follows:
1. A clerk's record in each separate cause shall be filed in this Court not later than 30 days beyond the deadlines set in Rule 35.1.
2. One consolidated reporter's record of the two Hockley County cases and one consolidated reporter's record of the two Terry County cases shall be filed not later than 30 days beyond the deadline set in Rule 35.1.
3. An appellant presenting entirely common issues or points of error and common questions of fact and law may, but is not required to, file a single brief covering more than one of the cases in which it is a party. To avoid confusion, the Court directs that record references be provided to all records as necessary. See Tex. R. App. P. 38.1 (d), (f), and (h). Briefs shall be filed 30 days after the last clerk's record or reporter's record is filed in all four cases. Tex. R. App. P. 38.6(a). At the present time the latest record is due to be filed on Monday, April 19, 2004. Thus, excepting further orders of this Court, appellants' briefs are due to be filed on or before Wednesday, May 19, 2004.
4. Appellees Hockley County Appraisal District and Terry County Appraisal District may, but are not required to, each file a single brief covering more than one of the cases in which it is a party. To avoid confusion, the Court directs that record references be provided to all records as necessary. See Tex. R. App. P. 38.1 (d), (f), and (h). Briefs shall be filed 30 days after appellants' briefs are filed. Tex. R. App. P. 38.6(b).
The Court may require additional briefing as necessary. Tex. R. App. P. 38.7. In all other respects, the motion is denied. It is so ordered.
Per Curiam
1. All references to rules are to the Texas Rules of Appellate Procedure.
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NO. 07-10-00209-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JULY 27, 2010
CINDY JANE HARRINGTON, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY;
NO. 21,208-C; HONORABLE ANA ESTEVEZ, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Cindy Jane Harrington, filed notice of appeal from her conviction for possession of a controlled substance with intent to deliver and accompanying sentence of two years incarceration in the Institutional Division of the Texas Department of Criminal Justice, suspended, with placement on community supervision for a period of five years and $1,500 fine. The certification of defendant=s right of appeal, executed by the trial court and signed by appellant and her trial counsel, states that the case Ais a plea-bargain case, and the defendant has NO right of appeal@ and "the defendant has waived the right of appeal." By letter dated June 24, 2010, we notified appellant of this certification and informed her that the appeal is subject to dismissal based on the certification unless, by July 15, 2010, we received an amended certification illustrating that appellant has the right to appeal or appellant otherwise demonstrates other grounds for continuing the appeal.
To date, this Court has received neither an amended certification establishing appellants right to appeal nor the identification of any other ground for continuing the appeal. Our review of the clerks record confirms that this was a plea-bargain case and that appellant affirmatively waived her right to appeal. Accordingly, we must, and do, dismiss the appeal. Tex. R. App. P. 25.2(d); See also Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006) (we must dismiss prohibited appeal without further action).
Mackey K. Hancock
Justice
Do not publish.