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Arroyo v. State

Court of Appeals of Texas, Sixth District, Texarkana
May 1, 2003
No. 06-03-00034-CR (Tex. App. May. 1, 2003)

Opinion

No. 06-03-00034-CR.

Submitted April 30, 2003. Decided May 1, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

Appeal from the 124th Judicial District Court, Gregg County, Texas, Trial Court No. 29887-B.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


Francisco Hernandez Arroyo has appealed from his conviction on his plea of guilty without a plea agreement to the offense of possession of a controlled substance with intent to deliver. The trial court assessed punishment at fifteen years' imprisonment. Effective January 1, 2003, the Texas Rules of Appellate Procedure were amended. Arroyo's notice of appeal invoking appellate jurisdiction was filed after the effective date of the amended rules. The amended rules therefore apply to this appeal. We have now received the certification prepared by the trial court in accordance with TEX. R. APP. P. 25.2(d). In that certification, the court affirms, as it did in the judgment, that Arroyo has waived his right to appeal. The reporter's record reflects that, although no formal plea agreement was in place, at the request of defense counsel, the court followed the State's recommendation as to punishment and Arroyo personally stated he wanted to accept the court's sentence and give up his right to appeal. A criminal defendant may waive many rights, including the right to appeal a conviction. Blanco v. State, 18 S.W.3d 218, 219-20 (Tex.Crim. App. 2000). The trial court confirmed this state of events in its certification that Arroyo had waived his right to appeal. We dismiss the appeal.


Summaries of

Arroyo v. State

Court of Appeals of Texas, Sixth District, Texarkana
May 1, 2003
No. 06-03-00034-CR (Tex. App. May. 1, 2003)
Case details for

Arroyo v. State

Case Details

Full title:FRANCISCO HERNANDEZ ARROYO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: May 1, 2003

Citations

No. 06-03-00034-CR (Tex. App. May. 1, 2003)