Kevin Reid Althouse v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00481-CR KEVIN REID ALTHOUSE APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM COUNTY CRIMINAL COURT NO. 9 OF TARRANT COUNTY TRIAL COURT NO. 1477886 ---------- MEMORANDUM OPINION1 ---------- Appellant Kevin Reid Althouse attempts to appeal from the trial court’s judgment based on his plea bargain with the State. Appellant pled guilty to theft of property valued at $100–$750, a Class B misdemeanor, Tex. Penal Code Ann. § 31.03(a)–(b), (e)(2)(A) (West Supp. 2016), in exchange for a recommended sentence of forty days’ confinement in jail. See id. § 12.22 (West 2011) 1 See Tex. R. App. P. 47.4. (providing punishment for a Class B misdemeanor is a fine of up to $2,000, confinement in jail of up to 180 days, or both). The trial court’s certification of appeal provides that this is a plea-bargained case and that Appellant has no right of appeal. See Tex. R. App. P. 25.2(a)(2), (d). We informed Appellant by letter that this appeal was subject to dismissal based on the trial court’s certification unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Appellant’s response does not show grounds for continuing the appeal. Accordingly, we dismiss this appeal. See Tex. R. App. P. 25.2(d), 43.2(f). PER CURIAM PANEL: PITTMAN, J.; LIVINGSTON, C.J.; and WALKER, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: April 20, 2017 2