In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-13-0036-CR
________________________
JOHN MURPHY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 361ST District Court
Brazos County, Texas
Trial Court No. 11-00935-CRF-361, Honorable Harold “Bob” Towslee, Presiding
February 20, 2013
MEMORANDUM OPINION
Before Quinn, C.J., and Hancock and Pirtle, JJ.
Pursuant to a plea bargain, Appellant, John Murphy, was convicted of injury to a
child, elderly individual, or disabled individual with an affirmative finding on use of a
deadly weapon and sentenced to thirty-five years confinement. 1 The Trial Court's
Certification of Defendant's Right of Appeal reflects that Appellant's case is a plea
bargain case, that he has no right of appeal and that he waived the right of appeal. The
1
TEX. PENAL CODE ANN. § 22.04(e) (W EST SUPP. 2012).
certification notwithstanding, Appellant’s counsel filed a notice of appeal challenging the
conviction.
By letter dated January 16, 2013, 2 the transferor court notified Appellant’s
counsel of the consequences of the certification and invited him to file a response
showing grounds for continuing the appeal on or before February 6, 2013, noting that
failure to do so would result in dismissal of the appeal.
Counsel did not file a response. Consequently, we have no alternative but to
dismiss this appeal based on the certification signed by the trial court. See TEX. R. APP.
P. 25.2(d).
Patrick A. Pirtle
Justice
Do not publish.
2
Originally appealed to the 10th Court of Appeals, this appeal was transferred to this Court by the Texas
Supreme Court pursuant to its docket equalization efforts. TEX. GOV=T CODE ANN. ' 73.001 (W EST 2005).
We are unaware of any conflict between precedent of the 10th Court of Appeals and that of this Court on
certifications of defendant’s right of appeal. TEX. R. APP. P. 41.3.
2