COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00271-CR
ADRON L. GRAY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
TRIAL COURT NO. 1482909D
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MEMORANDUM OPINION1
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In accordance with a plea bargain, appellant Adron L. Gray pleaded guilty
to assault and was placed on deferred-adjudication community supervision for
two years. See Tex. Penal Code Ann. § 22.01(a)(1) (West Supp. 2016).
Consistent with the plea, the “Trial Court’s Certification of Defendant’s Right of
Appeal” shows that Gray’s disposition resulted from a plea bargain and, further,
1
See Tex. R. App. P. 47.4.
that Gray had no right of appeal. See Tex. R. App. P. 25.2(a)(2). Despite that,
Gray later filed a pro se notice of appeal.
On August 25, 2017, we informed Gray by clerk’s letter that the trial court’s
certification showed that his appeal was from a plea-bargain case and that he
had no right of appeal. See id. We further directed Gray or any other party
desiring to continue the appeal to file a response showing grounds for continuing
the appeal by September 5, 2017, or we might dismiss it. See Tex. R. App. P.
25.2(d), 44.3. On September 5, 2017, Gray filed an amended notice of appeal in
which he effectively asserted that his guilty plea was involuntary for various
reasons.
Gray’s explanation does not provide grounds for continuing the appeal.
Rule 25.2(a)(2) provides that in plea-bargain cases, such as this one, a
defendant may appeal only those issues raised by written motion filed and ruled
on before trial or those on which the trial court has granted permission. Tex. R.
App. P. 25.2(a)(2). Absent the trial court’s permission, appealing the
voluntariness of a defendant’s plea is prohibited. See Cooper v. State, 45 S.W.3d
77, 80–83 (Tex. Crim. App. 2001). Because Gray is not appealing an adverse
ruling on a written pretrial motion and does not have the trial court’s permission
to appeal, he has not shown grounds for continuing the appeal.
In accordance with the trial court’s certification, we thus dismiss the
appeal. See Tex. R. App. P. 25.2(d), 43.2(f).
2
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE
PANEL: WALKER, KERR, AND PITTMAN, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: September 28, 2017
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