Opinion
No. 05-16-00079-CR
01-29-2016
CLAUDE GOLDEN, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas
Trial Court Cause No. 366-81145-2015
MEMORANDUM OPINION
Before Justices Francis, Evans, and Stoddart
Opinion by Justice Stoddart
Claude Golden, Jr. was charged by indictment with continuous sexual abuse of a child (Count I) and indecency with a child (Count II). Appellant entered a negotiated guilty plea to the lesser included offense in Count I of aggravated sexual assault of a child. The terms of the plea agreement were that appellant would be sentenced to twenty years' imprisonment for the offense and the State would abandon Count II of the indictment and the continuous sexual abuse language in Count I of the indictment. See Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (describing sentence-bargaining and charge-bargaining). 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 followed the plea agreement and sentenced appellant to twenty years' imprisonment. The trial court certified that appellant does not have the right to appeal from the plea-bargained sentence and that appellant waived his right to appeal. See TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005).
We dismiss the appeal for want of jurisdiction.
/Craig Stoddart/
craig stoddart
justice Do Not publish
TEX. R. APP. P. 47
160079F.U05
JUDGMENT
On Appeal from the 366th Judicial District Court, Collin County, Texas
Trial Court Cause No. 366-81145-2015.
Opinion delivered by Justice Stoddart, Justices Francis and Evans participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 29th day of January, 2016.