COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00027-CR
CARLOS RUBEN ZUNIGA APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Pro se appellant Carlos Ruben Zuniga attempts to appeal his plea-
bargained conviction and nine-year sentence for unlawfully possessing a
firearm. 2 The trial court sentenced appellant on August 16, 2013. His notice of
1
See Tex. R. App. P. 47.4.
2
See Tex. Penal Code Ann. § 46.04(a) (West 2011). As part of his plea
bargain, appellant waived constitutional and statutory rights and judicially
confessed to the indictment’s allegations.
appeal was therefore due on September 16, 2013. See Tex. R. App. P. 4.1(a),
26.2(a)(1). He did not file the notice of appeal, however, until January 2, 2014.
Also, the trial court certified that appellant had entered into a plea bargain and
had “NO right of appeal.”
On January 24, 2014, we sent a letter to appellant. In it, we informed him
about the contents of the trial court’s certification and advised him that if he did
not file a response showing grounds for continuing the appeal by February 3,
2014, the appeal could be dismissed. See Tex. R. App. P. 44.3. Appellant has
not responded. Therefore, because our record does not contain a certification
from the trial court showing that appellant has a right to appeal, we dismiss the
appeal. 3 See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f); Chavez v. State, 183
S.W.3d 675, 680 (Tex. Crim. App. 2006); Lara v. State, No. 02-13-00561-CR,
2014 WL 177533, at *1 (Tex. App.—Fort Worth Jan. 16, 2014, no pet.) (mem.
op., not designated for publication).
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: March 13, 2014
3
Appellant’s untimely notice of appeal likewise requires dismissal. See
Tex. R. App. P. 25.2(b), 26.2(a); Swain v. State, 319 S.W.3d 878, 880 (Tex.
App.—Fort Worth 2010, no pet.) (mem. op.).
2