NO. 07-09-0199-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JULY 15, 2009
______________________________
CHARLES LEE HESS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 57,241-E; HONORABLE DOUGLAS WOODBURN, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
ORDER OF DISMISSAL
Appellant, Charles Lee Hess, appeals his conviction for injury to an elderly individual. The certification of right to appeal executed by the trial court states appellant waived the right of appeal. We brought this matter to the attention of appellant’s counsel by letter and granted her an opportunity to obtain an amended certification entitling appellant to appeal. No such certification was received within the time granted. Having received no amended certification, we dismiss the appeal in compliance with Texas Rule of Appellate Procedure 25.2(d).
Per Curiam
Do not publish.
ily: Arial"> Appellate counsel notes that the admonishment given appellant by the trial court regarding his right to appeal was incorrect in that it imposed terms more restrictive than the law requires. The court admonished appellant as if he were a person entering a plea of guilty pursuant to a plea bargain. Appellant was admonished that he would have to obtain consent from the trial court to appeal his plea of guilty and to invoke the jurisdiction of this court he would have to comply with the requirements of Texas Rule of Appellate Procedure 25.2(b)(3) in his notice of appeal. (3) Appellant, however, was not entering a plea of guilty pursuant to a plea bargain. Even though appellant was incorrectly advised regarding his right to appeal, he timely filed a notice of appeal sufficient to perfect his appeal. No issue is raised by the improper admonishment.
This court has independently reviewed the record and legal authority, including that cited by counsel in his brief. Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991); see Penson v. Ohio, 488 U.S. 75, 109 S. Ct. 346, 102 L. Ed 2d 300 (1988). The record indicates that appellant was timely indicted and provided representation by legal counsel, signed admissions of guilt and written admonishments, and was orally examined and admonished by the trial judge before the guilty plea was accepted. The sentence imposed by the court is within the range of punishment provided for by statute. We find no arguable grounds for appeal.
Counsel's Motion to Withdraw is therefore granted and the judgment of the trial court is affirmed.
James T. Campbell
Justice
Do not publish.
1. Anders v. California, 386 U.S. 738, 744-45, 87 S. Ct. 1396, 1400, 18 L. Ed 2d 493, 498 (1967).
2. Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984).
3. Appellant's sentencing hearing was held on December 2, 2002. Amendments to Texas Rule of Appellate Procedure 25.2, effective January 1, 2003, replaced subdivision 25.2(b)(3) with current subdivision 25.2 (a)(2).