From Casetext: Smarter Legal Research

Hendrix v. State

Court of Appeals of Texas, Twelfth District, Tyler
Sep 3, 2008
No. 12-08-00215-CR (Tex. App. Sep. 3, 2008)

Opinion

No. 12-08-00215-CR

Opinion delivered September 3, 2008. DO NOT PUBLISH.

Appeal from the 273rd Judicial District Court of Shelby County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


Following a plea of guilty, Appellant was convicted of failing to register as a sex offender. Pursuant to a plea bargain, the trial court sentenced Appellant to imprisonment for two years. Appellant now seeks to appeal the judgment of conviction. Ordinarily, "[i]n a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). Although Rule 25.2(a)(2) gave Appellant a limited right to appeal his conviction, the record shows he executed a "Waiver of Appeal." The waiver recites that, after sentence was pronounced, Appellant conferred with his counsel, that he is fully aware of all statutory and constitutional rights in the cause, and voluntarily, knowingly, and intelligently waived his right to appeal. As a result of executing the appeal waiver, Appellant waived any right to appeal he may have had under Rule 25.2(a)(2). Appellant therefore had no right to bring this appeal. Accordingly, the appeal is dismissed .


Summaries of

Hendrix v. State

Court of Appeals of Texas, Twelfth District, Tyler
Sep 3, 2008
No. 12-08-00215-CR (Tex. App. Sep. 3, 2008)
Case details for

Hendrix v. State

Case Details

Full title:JAKE EARL HENDRIX, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Sep 3, 2008

Citations

No. 12-08-00215-CR (Tex. App. Sep. 3, 2008)