Salus Populi Suprema Lex Esto
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Michael J. Harden v. The State of Texas
Case Number: 02-19-00054-CR
Judge: Per Curiam
Court: Court of Appeals Second Appellate District of Texas at Fort Worth
Plaintiff's Attorney: Joseph W. Spence
Defendant's Attorney: Roberta Walker
In accordance with a plea bargain, the trial court convicted appellant Michael J.
Harden of possession of less than one gram of methamphetamine and imposed a
sentence confining him for ten months in state jail. Harden filed a pro se notice of
appeal stating that he intended to appeal an issue that he raised by pretrial written
motion and that the trial court had ruled on. The trial court’s certification of Harden’s
right to appeal, however, indicates that this is a plea bargain case and Harden has
“NO right of appeal.”
Although we notified Harden and his trial counsel that we could dismiss the
appeal based on the certification, neither has responded. See Tex. R. App. 25.2(d), 44.3.
Not only did Harden waive any pretrial motions as part of his plea bargain
agreement, see Hall v. State, Nos. 02-17-00311–314-CR, 2017 WL 6615888, at *1 (Tex.
App.––Fort Worth Dec. 21, 2017, no pet.) (mem. op., not designated for publication),
the clerk’s record does not show that the trial court ruled on any of the pretrial
motions Harden filed.
Outcome: Therefore, in accordance with the trial court’s certification, we