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Brown v. State

Court of Appeals of Texas, Tenth District, Waco
Feb 15, 2006
No. 10-06-00032-CR (Tex. App. Feb. 15, 2006)

Opinion

No. 10-06-00032-CR

Opinion delivered and filed February 15, 2006.

Appeal from the 77th District Court, Limestone County, Texas, Trial Court No. 10736-A. Appeal dismissed.

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


MEMORANDUM OPINION


Pursuant to a plea bargain, Ollie James Brown pleaded guilty to retaliation, and the court sentenced him to six years' imprisonment. Brown filed a pro se notice of appeal. However, the trial court's certification regarding Brown's right of appeal states, "[T]his criminal case . . . is a plea-bargain case, and the defendant has NO right of appeal." Brown and his trial counsel personally signed this certification. Thus, the trial court's certification affirmatively shows that Brown has no right of appeal. See TEX. R. APP. P. 25.2(d); High v. State, 115 S.W.3d 581, 582 (Tex.App.-Waco 2003, pet. ref'd) (mem. op.). Additionally, Brown executed a waiver of appeal in connection with the entry of his guilty plea. In light of the trial court's certification that Brown has no right of appeal, it does not appear that the trial court has granted permission to appeal. See Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App. 2003); Ogden v. State, 134 S.W.3d 487, 487 (Tex.App.-Waco 2004, no pet.) (per curiam). Accordingly, the appeal is dismissed. See TEX. R. APP. P. 25.2(d); Monreal, 99 S.W.3d at 622-23; Ogden, 134 S.W.3d at 487; High, 115 S.W.3d at 582.


Summaries of

Brown v. State

Court of Appeals of Texas, Tenth District, Waco
Feb 15, 2006
No. 10-06-00032-CR (Tex. App. Feb. 15, 2006)
Case details for

Brown v. State

Case Details

Full title:OLLIE JAMES BROWN, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 15, 2006

Citations

No. 10-06-00032-CR (Tex. App. Feb. 15, 2006)