Opinion
No. 08-16-00294-CR
11-10-2020
MICHAEL J. BUCK, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 243rd District Court of El Paso County, Texas (TC# 20160D01234) OPINION ON REMAND
This case arrives back to us on remand with instructions from the Texas Court of Criminal Appeals. See Buck v. State, No. PDF-0921-18, 2020 WL 3067576, at *1 (Tex.Crim.App. June 10, 2020)(per curiam), vacating No. 08-16-00294-CR, 2018 WL 3654916 (Tex.App.--El Paso Aug. 2, 2018).
Following the decision in this case from the Texas Court of Criminal Appeals, Buck filed a petition for a writ of certiorari with the United States Supreme Court on August 11, 2020. We withheld action on this matter pending a decision from the Supreme Court. On October 5, 2020, the Supreme Court denied Buck's certiorari petition. See Buck v. Texas, No. 20-5388, -- S.Ct. --, 2020 WL 5883728 (Oct. 5, 2020).
In our initial decision in this case, we issued an opinion ruling that Michael Buck had validly waived his right to appeal the trial court's judgment as the result of an open plea-bargain he struck with the State. We affirmed the trial court's judgment of conviction rendered against Buck on two counts of sexual assault. See Buck, 2018 WL 3654916, at *7. On discretionary review, the Texas Court of Criminal Appeals agreed that this Court had correctly determined that Buck had validly waived his right to appeal, but held that "[r]ather than affirm the trial court's judgment, the court of appeals should have dismissed his appeal" pursuant to the plea-bargain waiver. Buck, 2020 WL 3067576, at *1. The Texas Court of Criminal Appeals vacated our judgment and ordered us to withdraw our opinion and dismiss the appeal.
Consistent with the instructions given to us by the higher court, we withdraw our previous opinion and judgment dated August 2, 2018, and dismiss this appeal for want of jurisdiction. November 10, 2020
YVONNE T. RODRIGUEZ, Justice Before Alley, C.J., Rodriguez, and Palafox, JJ. (Do Not Publish)