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Crow v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 5, 2015
No. 05-15-01172-CR (Tex. App. Oct. 5, 2015)

Opinion

No. 05-15-01172-CR

10-05-2015

ANTOINE DEVON CROW, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-75034-P

MEMORANDUM OPINION

Before Justices Bridges, Francis, and Myers
Opinion by Justice Bridges

Antoine Devon Crow pleaded guilty to felony assault involving family violence. See TEX. PENAL CODE ANN. § 22.01(b-1) (West Supp. 2014). Pursuant to a plea agreement, the trial court sentenced appellant to ten years' imprisonment on March 12, 2015. Appellant waived his right to appeal as part of the plea agreement. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). The trial court certified that appellant does not have the right to appeal. See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). On September 25, 2015, appellant filed a pro se notice of appeal essentially complaining his plea was involuntary because he believed he would receive shock probation. Even apart from the plea agreement, appellant's September 25, 2015 notice of appeal is untimely as to the March 12, 2015 sentencing date.

The judicial confession reflects that appellant also pleaded true to an enhancement paragraph alleging a prior felony conviction for aggravated assault. The trial court's judgment states "n/a" in the section regarding enhancement paragraphs. Because we have no jurisdiction over the appeal, we cannot modify the trial court's judgment to make any necessary corrections. --------

We dismiss the appeal for want of jurisdiction.

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
151172F.U05

JUDGMENT

On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F15-75034-P.
Opinion delivered by Justice Bridges, Justices Francis and Myers participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.


Summaries of

Crow v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 5, 2015
No. 05-15-01172-CR (Tex. App. Oct. 5, 2015)
Case details for

Crow v. State

Case Details

Full title:ANTOINE DEVON CROW, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 5, 2015

Citations

No. 05-15-01172-CR (Tex. App. Oct. 5, 2015)

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