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Dorsey v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 20, 2016
No. 05-15-01145-CR (Tex. App. Jan. 20, 2016)

Opinion

No. 05-15-01145-CR No. 05-15-01146-CR

01-20-2016

DARREN DORSEY, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F09-01153-S, F13-00145-S

MEMORANDUM OPINION

Before Justices Francis, Evans, and Stoddart
Opinion by Justice Evans

Darren Dorsey was convicted of theft of property having an aggregate value of $20,000 or more but less than $100,000 and theft of property having a value of $20,000 or more but less than $100,000. In each case, the trial court assessed punishment in accordance with the plea bargain agreements at ten years' imprisonment, probated for ten years, and a $10,000 fine. Appellant waived his right to appeal as part of the plea agreements. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). The trial court certified 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 (Tex. Crim. App. 2005).

Counsel filed a motion to withdraw and an Anders brief in support of the motion. The brief mentions the plea bargain agreements, but does not present the jurisdictional issue as a reason the appeals are frivolous. The better practice would have been for counsel to bring the jurisdictional issue to this Court's attention by way of a motion to dismiss rather than merely mentioning it as part of the procedural history of the cases. --------

We dismiss the appeals for want of jurisdiction.

/David W. Evans/

DAVID EVANS

JUSTICE Do Not Publish
TEX. R. APP. P. 47
151145F.U05

JUDGMENT

On Appeal from the 282nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F09-01153-S.
Opinion delivered by Justice Evans, Justices Francis and Stoddart participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 20th day of January, 2016.

JUDGMENT

On Appeal from the 282nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-00145-S.
Opinion delivered by Justice Evans, Justices Francis and Stoddart participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 20th day of January, 2016.


Summaries of

Dorsey v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 20, 2016
No. 05-15-01145-CR (Tex. App. Jan. 20, 2016)
Case details for

Dorsey v. State

Case Details

Full title:DARREN DORSEY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 20, 2016

Citations

No. 05-15-01145-CR (Tex. App. Jan. 20, 2016)