Opinion
02-21-00083-CR
07-29-2021
David Michael Brown, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 43rd District Court Parker County, Texas Trial Court No. CR20-0471
Before Birdwell, Bassel, Womack, JJ.
MEMORANDUM OPINION
WADE BIRDWELL, JUSTICE
David Michael Brown appeals his conviction for felony driving while intoxicated, as enhanced by a prior felony conviction. Brown pleaded guilty pursuant to a plea agreement, and the trial court sentenced him in accordance with the agreement to fifteen years' confinement. As part of his agreement, Brown waived his right to appeal. The trial court's certification thus stated (1) that this is a plea-bargain case and Brown has no right to appeal, and (2) that Brown has waived his right to appeal. See Tex. R. App. P. 25.2(a)(2), (d).
Based on our independent review of the record, we have determined that the certification contains no defects. See Jones v. State, 488 S.W.3d 801, 805 (Tex. Crim. App. 2016).
We notified Brown of the certification issue and informed him that unless he or another party filed a response by June 28, 2021, showing grounds for continuing the appeal, we would dismiss it. See Tex. R. App. P. 44.3.
In his response, Brown argues that he received ineffective assistance of counsel. However, this argument does not provide a valid basis for continuing the appeal. See Cooper v. State, 45 S.W.3d 77, 80 (Tex. Crim. App. 2001); Williams v. State, No. 02-19-00415-CR, 2019 WL 7407717, at *1 n.1 (Tex. App.-Fort Worth Dec. 31, 2019, no pet.) (mem. op., not designated for publication). Indeed, this case does not fit any of the recognized bases for appeal of a bargained-for sentence: the record does not reflect that Brown's sentence exceeded the State's recommendation, that he is appealing a matter raised by a written motion that was ruled on before trial, or that the trial court granted Brown permission to appeal. See Tex. Code Crim. Proc. Ann. art. 44.02; Tex.R.App.P. 25.2(a)(2).
Therefore, consistent with the trial court's certification, we dismiss the appeal. See Tex. R. App. P. 43.2(f).