From Casetext: Smarter Legal Research

Edwards v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 9, 2013
No. 05-12-00998-CR (Tex. App. Apr. 9, 2013)

Opinion

No. 05-12-00998-CR

04-09-2013

KEVIN DEWAYNE EDWARDS, Appellant v. THE STATE OF TEXAS, Appellee


DISMISS; Opinion issued April 9, 2013

On Appeal from the 422nd Judicial District Court

Kaufman County, Texas

Trial Court Cause No. 28935-422


MEMORANDUM OPINION


Before Justices Francis, Lang, and Evans

Opinion by Justice Francis

A jury found Kevin Dwayne Edwards guilty of possession with intent to deliver methamphetamine in an amount of four grams or more but less than 200 grams and evading arrest or detention using a motor vehicle, as alleged in one indictment. Thereafter, appellant entered an agreement as to punishment with the State. The trial court followed the agreement and sentenced appellant to imprisonment for nineteen years for the methamphetamine offense and one year in a state jail for the evading offense. Appellant waived his right to appeal as part of the punishment agreement, as is reflected on the trial court's certifications of appellant's right to appeal that were signed by appellant and his attorney. See TEX. R. APP. P. 25.2(d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). Appellant filed a "petition" seeking permission to appeal, which the trial court heard along with appellant's motion for new trial. At the conclusion of the hearing, the trial court denied appellant's request for permission to appeal. On July 2, 2012, the trial court signed an order denying appellant permission to appeal. Appellant's waiver of his right to appeal leaves us without jurisdiction. See Blanco, 18 S.W.3d at 219-20.

We dismiss the appeal for want of jurisdiction.

______________

MOLLY FRANCIS

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
120998F.U05

JUDGMENT

KEVIN DEWAYNE EDWARDS, Appellant

V.
THE STATE OF TEXAS, Appellee
No. 05-12-00998-CR

On Appeal from the 422nd Judicial District

Court, Kaufman County, Texas

Trial Court Cause No. 28935-422.

Opinion delivered by Justice Francis,

Justices Lang and Evans participating.

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

______________

MOLLY FRANCIS

JUSTICE


Summaries of

Edwards v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 9, 2013
No. 05-12-00998-CR (Tex. App. Apr. 9, 2013)
Case details for

Edwards v. State

Case Details

Full title:KEVIN DEWAYNE EDWARDS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 9, 2013

Citations

No. 05-12-00998-CR (Tex. App. Apr. 9, 2013)

Citing Cases

Moore v. State

Because we have no jurisdiction over this portion of Moore's appeal, we dismiss this point of error. See…

Ex parte Edwards

The Fifth Court of Appeals dismissed his appeal. Edwards v. State, No. 05-12-00998-CR (Tex. App.—Dallas Apr.…