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Calloway v. State

State of Texas in the Fourteenth Court of Appeals
Dec 8, 2020
NO. 14-20-00667-CR (Tex. App. Dec. 8, 2020)

Opinion

NO. 14-20-00667-CR NO. 14-20-00666-CR

12-08-2020

ALEXANDER CALLOWAY, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 179th District Court Harris County, Texas
Trial Court Cause Nos. 1631735 & 1631736

MEMORANDUM OPINION

Appellant entered guilty pleas to the offenses of (1) assault on a family member by impeding breathing (cause number 1631736) and (2) human trafficking (cause number 1631735). In accordance with the terms of a plea bargain agreement, appellant waived his right to appeal in consideration of the State's waiver of its right to a jury trial and dismissal of a third felony indictment against appellant. See Ex parte Broadway, 301 S.W.3d 694, 699 (Tex. Crim. App. 2009) (criminal defendant may voluntarily waive right to appeal pursuant to plea bargain where sentencing is not agreed upon and defendant's punishment is uncertain). The trial court entered a certification of the defendant's right to appeal in which the court certified that appellant waived his right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court's certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

The trial court sentenced appellant to 6 years confinement in trial court cause number 1631736, and 11 years confinement in trial court cause number 1631735, to run concurrently, in the Institutional Division of the Texas Department of Criminal Justice. After giving appellant notice, we dismiss the appeals.

PER CURIAM Panel consists of Justices Spain, Hassan, and Poissant.
Do Not Publish — Tex. R. App. P. 47.2(b)


Summaries of

Calloway v. State

State of Texas in the Fourteenth Court of Appeals
Dec 8, 2020
NO. 14-20-00667-CR (Tex. App. Dec. 8, 2020)
Case details for

Calloway v. State

Case Details

Full title:ALEXANDER CALLOWAY, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Dec 8, 2020

Citations

NO. 14-20-00667-CR (Tex. App. Dec. 8, 2020)