Johnson v. State

Full title: TORY TRENT JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 9, 2005

Nos. 05-03-01761-CR, 05-03-01762-CR (Tex. App. May. 9, 2005)

Opinion

Nos. 05-03-01761-CR, 05-03-01762-CR

Opinion Filed May 9, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 219^th Judicial District Court, Collin County, Texas, Trial Court Cause Nos. 219-80020-03 and 219-82041-02. Dismiss.

Before Justices WRIGHT, FITZGERALD, and LANG-MIERS.

MEMORANDUM OPINION

FITZGERALD, Justice.

In 2003, Tory Trent Johnson pleaded guilty to two offenses of burglary. A jury found him guilty, assessed punishment, and recommended community supervision. The trial court entered judgment suspending the sentence and placing Johnson on community supervision. Later that same year, the State moved to revoke the community supervision. As part of a plea bargain, Johnson pleaded true to the State's allegations and waived his right to appeal. A defendant in a noncapital case may waive any right secured him by law, including the right to appeal. Blanco v. State, 18 S.W.3d 218, 219-20 (Tex.Crim.App. 2000). A trial court may grant permission to appeal, even when the defendant has waived that right. See, e.g., Willis v. State, 121 S.W.3d 400, 403 (Tex. Crim. App 2003). However, in this case, the trial court did not grant permission to appeal. The court's Amended Certification of Defendant's Right to Appeal certifies that the case:

is from a negotiated plea of true to probation violations in which the defendant has waived the right of appeal, and the trial court has NOT granted permission to appeal.

We conclude we lack jurisdiction over these appeals, and we dismiss them on that basis. See Tex. Code Crim. Pro. art. 44.02 (Vernon 1979).