Opinion
No. 10-17-00141-CR
05-10-2017
BALAJI A-K MASABATTULA, Appellant v. THE STATE OF TEXAS, Appellee
From the County Court at Law No. 2 Brazos County, Texas
Trial Court No. 16-02258-CRM-CCL2
MEMORANDUM OPINION
On April 28, 2017, Appellant Balaji A-K Masabattula filed a notice of appeal "from the judgment and sentence rendered" in this case. Masabattula, however, signed a waiver of his right to appeal in this case, and the trial court's certification of defendant's right to appeal states that this case "[i]s a plea-bargain case, and the defendant has NO right of appeal" and that "[t]he defendant has waived the right of appeal." This appeal is therefore dismissed. See TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) ("A court of appeals ... must dismiss a prohibited appeal without further action, regardless of the basis for the appeal."); Davis v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).
A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals' judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2(a).
REX D. DAVIS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Dismissed
Opinion delivered and filed May 10, 2017
Do not publish
[CR25]