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Miguel Angel Rodriguez v. The State of Texas
Case Number: No. 02-18-00358-CR No. 02-18-00359-CR
Judge: Elizabeth Kerr
Court: Court of Appeals Second Appellate District of Texas at Fort Worth
Plaintiff's Attorney: Joseph W. Spence
Defendant's Attorney: Walt A. Cleveland
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Miguel Angel Rodriguez attempts to appeal his convictions for (1) possession
of less than one gram of methamphetamine, for which the trial court, pursuant to a
plea bargain, sentenced him to six months in a state-jail facility; and (2) possession of
one gram or more but less than four grams of methamphetamine, for which the trial
court, again pursuant to a plea bargain, sentenced him to five years in the penitentiary.
See Tex. Health & Safety Code Ann. § 481.115(b), (c) (West 2017). In both cases, as
part of the plea bargain, Rodriguez waived his right to appeal. Consistent with
Rodriguez’s plea bargains, the trial court’s appellate-right certifications both state that
each “is a plea-bargain case, and the defendant has NO right of appeal” and that “the
defendant has waived the right to appeal.” See Tex. R. App. P. 25.2(a)(2), (d).
Thereafter Rodriguez filed a pro se notice of appeal for both causes. On
August 15, 2018, we notified him and his trial counsel that his appeals could be
dismissed based on the trial court’s certifications unless he or any party wanting to
continue the appeals filed responses on or before August 27, 2018, showing grounds
for continuing the appeals. See Tex. R. App. P. 25.2(a)(2), (d), 44.3. Neither Rodriguez
nor any other party has filed a response.
Outcome: In accordance with the trial court’s certifications, we dismiss both appeals.