From Casetext: Smarter Legal Research

Allen v. State

Court of Appeals of Texas, Fifth District, Dallas
May 19, 2008
No. 05-08-00604-CR (Tex. App. May. 19, 2008)

Opinion

No. 05-08-00604-CR

Filed May 19, 2008. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the 366th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-82116-06.

Before Justices FITZGERALD, RICHTER, and LANG-MIERS.


MEMORANDUM OPINION


Brian Lee Allen was convicted of possession of cocaine in an amount less than one gram. Appellant entered a negotiated plea of true to the allegations in the motion to revoke community supervision. In accordance with the agreement, the trial court sentenced appellant to 270 days' confinement in a state jail facility. In conjunction with the plea agreement, appellant waived his right to appeal. See Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App. 2000). Accordingly, we dismiss the appeal for want of jurisdiction.

The trial court's rule 25.2(d) certification states the case involves a plea bargain and appellant has no right to appeal. The plea bargain governing the original guilty plea does not apply to the revocation proceedings. See Feagin v. State, 967 S.W.2d 417 (Tex.Crim.App. 1998); see Hargesheimer v. State, 182 S.W.3d 906 (Tex.Crim.App. 2006). Nor do the provisions of rule 25.2(a)(2) apply to negotiated pleas entered in probation revocation proceedings. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). However, because the documents before the Court clearly show appellant waived his right to appeal, we conclude need not obtain an amended certification reflecting that waiver.


Summaries of

Allen v. State

Court of Appeals of Texas, Fifth District, Dallas
May 19, 2008
No. 05-08-00604-CR (Tex. App. May. 19, 2008)
Case details for

Allen v. State

Case Details

Full title:BRIAN LEE ALLEN, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 19, 2008

Citations

No. 05-08-00604-CR (Tex. App. May. 19, 2008)