The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00255-CR
Eli Blue Hernandez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NO. D-1-DC-10-206973, HONORABLE CLIFFORD BROWN, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Eli Blue Hernandez pleaded guilty to the offense of possession of a
controlled substance, cocaine, and the district court placed him on deferred-adjudication community
supervision for a period of eight years. Subsequently, the State filed a motion to proceed with an
adjudication of guilt, based, in part, on an allegation that Hernandez had committed the subsequent
criminal offense of possession of a controlled substance.1 Hernandez pleaded true to the allegations
in the motion to adjudicate and was sentenced to five years’ imprisonment. He subsequently filed
a pro se notice of appeal from the judgment adjudicating guilt. However, the district court has
1
Hernandez’s appeal of his conviction for the subsequent offense was separately
docketed under appellate cause number 03-13-00256-CR. That appeal was dismissed because the
district court had certified that it was a plea-bargain case, the defendant had no right of appeal,
and the defendant had waived the right of appeal. See Hernandez v. State, No. 03-13-00256-CR,
2013 Tex. App. LEXIS 7553 (Tex. App.—Austin June 21, 2013, no pet.) (mem. op., not designated
for publication).
now certified that Hernandez has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2), (d).
Accordingly, we dismiss the appeal.
____________________________________________
Bob Pemberton, Justice
Before Chief Justice Jones, Justices Pemberton and Rose
Dismissed
Filed: March 28, 2014
Do Not Publish
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