COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00106-CR
RANDALL WAYNE RUSSELL APPELLANT
V.
THE STATE OF TEXAS STATE
----------
FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
----------
MEMORANDUM OPINION 1
----------
Appellant Randall Wayne Russell attempts to appeal from his conviction
and two-year sentence for theft of material—fifty percent aluminum, bronze, or
copper under $20,000. See Tex. Penal Code Ann. § 31.03(e)(4)(F) (West Supp.
2013). The trial court’s certification states that this is a plea-bargain case, and
the defendant has no right of appeal. On March 20, 2014, we notified Appellant
1
See Tex. R. App. P. 47.4.
that this appeal was subject to dismissal unless he or any party desiring to
continue the appeal filed a response showing grounds for continuing the appeal.
See Tex. R. App. P. 25.2(d), 44.3.
Appellant responded and contended that his plea was coerced, that his
attorney did “not have [his] best interest at heart,” and that his due process rights
were violated. There is no showing that Appellant’s sentence exceeded the
State’s recommendation, that Appellant desires to appeal a matter that was
raised by written motion filed and ruled on before trial, or that the trial court
granted Appellant permission to appeal. See Tex R. App. P. 25.2(a)(2). Thus, in
accordance with the trial court’s certification, we dismiss this appeal. See Tex.
R. App. P. 25.2(d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim.
App. 2006).
PER CURIAM
PANEL: GABRIEL, J; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 15, 2014
2