IN THE
TENTH COURT OF APPEALS
No. 10-11-00388-CR
No. 10-11-00425-CR
DAVID DWAYNE ANDERSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court Nos. 2010-625-C2 and 2010-1056-C2
MEMORANDUM OPINION
Appellant appeals from two plea-bargained judgments of conviction. The Clerk
of this Court notified Appellant that, because the trial court noted on the certifications
of defendant’s right of appeal that these are plea-bargain cases and that he had no right
of appeal and that because Appellant had signed waivers of his right to appeal, the
Court must dismiss these appeals unless, within 21 days, we received certifications
stating that Appellant has a right to appeal or a response was filed showing grounds for
continuing the appeals. See TEX. R. APP. P. 25.2(a)(2), (d); Chavez v. State, 183 S.W.3d 675,
680 (Tex. Crim. App. 2006).
We have not received certifications stating that Appellant has a right to appeal
these cases. In his notices of appeal and his motion for “right to appeal,” Appellant
asserts that he received ineffective assistance of counsel in the plea-bargaining process,
but that is not a sufficient ground for continuing these direct appeals. See TEX. R. APP. P.
25.2(a)(2); Pena v. State, 323 S.W.3d 522, 525-26 (Tex. App.—Corpus Christi 2010, no
pet.); Webb v. State, 244 S.W.3d 543, 547 (Tex. App.—Houston [1st Dist.] 2007, no pet.).
Appellant’s motion for “right to appeal” these two cases is denied, and these
appeals are dismissed. See Chavez, 183 S.W.3d at 680; Davis v. State, 205 S.W.3d 606, 607
(Tex. App.—Waco 2006, no pet.).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeals dismissed; motions denied
Opinion delivered and filed April 18, 2012
Do not publish
[CR25]
Anderson v. State Page 2