ALLEN v. STAT

Full title: CHARLES EDWARD ALLEN, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 23, 2008

No. 10-08-00205-CR (Tex. App. Jul. 23, 2008)

Opinion

No. 10-08-00205-CR.

Opinion delivered and filed July 23, 2008.

Appealed from the 77th District Court Limestone County, Texas Trial Court No. 11449-A.

Appeal dismissed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

MEMORANDUM OPINION

PER CURIAM.

This is an appeal from a plea-bargained conviction. The trial court's certification of the defendant's right to appeal states that this "is a plea-bargain case and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(d). In addition, the defendant signed a waiver of appeal. The defendant's counsel has notified this Court that the appeal is subject to dismissal for both of these reasons.¹ Under these circumstances, this Court "must dismiss [the] prohibited appeal without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). Accordingly, we dismiss the appeal.

1 Because counsel has notified the Court that the appeal should be dismissed, it is unnecessary to notify counsel under Rule of Appellate Procedure 44.3 that the appeal is subject to dismissal. See TEX. R. APP. P. 44.3.