Opinion
NO. 03-15-00212-CR
04-29-2015
Michael Jude Pirie, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BURNET COUNTY, 424TH JUDICIAL DISTRICT
NO. 40555, HONORABLE EVAN C. STUBBS, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Michael Jude Pirie has filed a pro se notice of appeal from his judgment of conviction for the offense of evading arrest. In response, the State has filed a motion to dismiss, arguing that this is a plea-bargain case and that Pirie waived his right to appeal. The record supports the State's position. The district court has certified that this is a plea-bargain case, the defendant has no right of appeal, and the defendant has waived the right of appeal. Accordingly, we grant the State's motion and dismiss the appeal.
See Tex. R. App. P. 25.2(a)(2), (d).
Pirie, again pro se, has responded to the State's dismissal motion with a "motion for declaration" in which he appears to acknowledge that he agreed to a plea bargain on his evading-arrest offense, but asserts that he did so mistakenly following a discussion with counsel. Pirie cannot raise such a complaint in this direct appeal. See Cooper v. State, 45 S.W.3d 77, 81-83 (Tex. Crim. App. 2001). To the extent Pirie is attempting to challenge the voluntariness of his plea, his remedy, if any, would be through a petition for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.07; Ex parte Harrington, 310 S.W.3d 452, 458-59 (Tex. Crim. App. 2010); Cooper, 45 S.W.3d at 82.
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/s/_________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Bourland Dismissed on State's Motion Filed: April 29, 2015 Do Not Publish