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Dunagan v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 4, 2006
No. 05-05-01661-CR (Tex. App. Jan. 4, 2006)

Opinion

No. 05-05-01661-CR

Opinion issued January 4, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the County Criminal Court No. 9, Dallas County, Texas, Trial Court Cause No. MB05-54438-K. Dismissed.

Before Justices WHITTINGTON, WRIGHT, and MAZZANT.


MEMORANDUM OPINION


Brian Dunagan pleaded guilty to driving while intoxicated. Pursuant to the plea agreement, the trial judge assessed punishment at 180 days' confinement in jail, probated for twenty-four months, and a $750 fine. In conjunction with the plea agreement, appellant waived his right to appeal. See Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App. 2000). The trial court's rule 25.2(d) certification stating that appellant waived his right to appeal is supported by the record. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). We dismiss the appeal for want of jurisdiction.

The plea agreement actually provided for a $1200 fine, but the trial judge reduced the fine to $750. See Tex.R.App.P. 25.2(a)(2) (plea bargain exists where punishment does not exceed that recommended by State and agreed to by defendant).


Summaries of

Dunagan v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 4, 2006
No. 05-05-01661-CR (Tex. App. Jan. 4, 2006)
Case details for

Dunagan v. State

Case Details

Full title:BRIAN DUNAGAN, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 4, 2006

Citations

No. 05-05-01661-CR (Tex. App. Jan. 4, 2006)