Opinion
No. 05-16-01441-CR
03-08-2017
THOMAS FRED BONNER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-34236-V
MEMORANDUM OPINION
Before Justices Evans, Stoddart, and Boatright
Opinion by Justice Stoddart
We reinstate this appeal.
Thomas Fred Bonner entered a negotiated plea of guilty to the offense of possession of four grams or more but less than 200 grams of gamma hydroxybutyrate. After finding appellant guilty, the trial assessed punishment at five years in prison. After reviewing the record before us, we dismiss this appeal.
Appellant, who was represented by counsel, entered into a negotiated plea bargain with the State. Under the plea agreement, appellant signed a judicial confession and pleaded guilty to the offense in exchange for the State's agreement to recommend punishment at five years. As further consideration for the plea bargain, appellant waived his right to appeal. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). The trial court accepted appellant's guilty plea and, following the plea agreement, assessed punishment at five years in prison. The trial court prepared and signed a rule 25.2(d) certification of the right to appeal stating this "is a plea-bargain case, and [appellant] has NO right to appeal" and appellant "has waived the right of appeal." See TEX. R. APP. P. 25.2(d). In addition, the trial court made findings of fact that appellant entered into a plea agreement and, under this agreement, waived his right to appeal. The certification and the findings are supported by the documents before the Court. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). Because appellant waived his right to appeal in conjunction with the plea agreement, we conclude we lack jurisdiction See TEX. R. APP. P. 25.2(a), (d); Lundgren v. State, 434 S.W.3d 594, 599 (Tex. Crim. App. 2014) (when appellant voluntarily waives right of appeal to secure benefits of plea bargain agreement, subsequent notice of appeal fails to "initiate the appellate process").
We dismiss the appeal for want of jurisdiction.
/Craig Stoddart/
CRAIG STODDART
JUSTICE Do Not Publish
TEX. R. APP. P. 47
161441F.U05
JUDGMENT
On Appeal from the 292nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-34236-V.
Opinion delivered by Justice Stoddart, Justices Francis and Fillmore participating.
Based on the Court's opinion of this date, we DISMISS this appeal. Judgment entered this 8th day of March, 2017.