Opinion
No. 05-12-00613-CR
05-16-2012
GREGORY DONEL JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS; Opinion Filed May 16, 2012
On Appeal from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F11-27104-X
MEMORANDUM OPINION
Before Justices Morris, Moseley, and Myers
Opinion By Justice Morris
After a jury found Gregory Donel Johnson guilty of robbery, appellant and the State entered an agreement with respect to punishment. In accordance with the plea agreement, the trial court assessed punishment, enhanced by two prior felony convictions, at twenty-six years' imprisonment. Appellant waived his right to appeal in conjunction with the plea agreement. See Footnote 1 See Blanco v. State, 18 S.W.3d 218 (Tex. Crim App. 2000). The trial court's certification states appellant waived his right to appeal. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App.2005). We dismiss the appeal for want of jurisdiction.
JOSEPH B. MORRIS
JUSTICE
Do Not Publish
Tex. R. App. P. 47
120613F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
GREGORY DONEL JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00613-CR
Appeal from the Criminal District Court No. 6 of Dallas County, Texas. (Tr.Ct.No. F11- 27104-X).
Opinion delivered by Justice Morris, Justices Moseley and Myers participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered May 16, 2012.
JOSEPH B. MORRIS
JUSTICE
The State filed a notice of its intent to seek enhancement of punishment with two prior felony convictions. The plea agreement form reflects that appellant pleaded true to the enhancement paragraphs. The trial court admonished appellant on the applicable punishment ranges, and sentenced him within the punishment range for a second-degree felony enhanced by two prior felony conviction. However, the trial court's judgment says “n/a” in the section regarding the enhancement paragraphs. Because we have no jurisdiction over the appeal, we cannot modify the judgment to reflect the findings of the enhancement paragraphs.