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McGowan v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 29, 2010
No. 05-10-00106-CR (Tex. App. Jul. 29, 2010)

Opinion

No. 05-10-00106-CR

Opinion Filed July 29, 2010. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F09-56625-R.

Before Justices MORRIS, MOSELEY, and LANG.


MEMORANDUM OPINION


Jermine McGowan entered a negotiated guilty plea to burglary of a habitation. The trial court assessed the agreed punishment of four years' confinement and a $2,500 fine. As part of the plea agreement, appellant waived his right to appeal. See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000). The trial court issued a rule 25.2(d) certification showing appellant has no right to appeal due to the plea bargain. See Tex. R. App. P. 25.2. The record supports the trial court's certification. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). Appellant entered into a plea bargain agreement and waived his right to appeal. The record does not contain any pretrial motions or rulings that would serve as a basis for appeal. See Tex. R. App. P. 25.2(a)(2); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (explaining analysis courts of appeal undertake in determining appellate rights of plea-bargaining defendants). The State has filed a motion to dismiss the appeal for want of jurisdiction. We GRANT the State's motion. We dismiss the appeal for want of jurisdiction.


Summaries of

McGowan v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 29, 2010
No. 05-10-00106-CR (Tex. App. Jul. 29, 2010)
Case details for

McGowan v. State

Case Details

Full title:JERMINE MCGOWAN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 29, 2010

Citations

No. 05-10-00106-CR (Tex. App. Jul. 29, 2010)