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Ray v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 29, 2006
No. 10-06-00374-CR (Tex. App. Nov. 29, 2006)

Opinion

No. 10-06-00374-CR.

Opinion delivered and filed November 29, 2006. Do not publish.

Appeal from the 77th District Court, Limestone County, Texas, Trial Court No. 10946-A.

BEfore: Justice VANCE, And Justice REYNA.


MEMORANDUM OPINION


Perry Joe Ray filed this pro se appeal from his plea-bargained conviction for felony driving while intoxicated. However, Ray signed a full-page, detailed "Waiver of Appeal" as part of the plea proceedings, which document was also signed by Ray's trial counsel and the prosecutor, and which was approved by the trial court. In the face of this express waiver of the right of appeal, we dismiss Ray's appeal. See Monreal v. State, 99 S.W.3d 615, 622 (Tex.Crim.App. 2003). (Chief Justice Gray dissenting with note)* Appeal dismissed


* (Dissenting note: "No separate opinion will be issued. Before I would summarily dismiss this appeal, I would give notice to the defendant of our intent to dismiss the appeal. TEX. R. APP. P. 44.3. When we raise similar issues on our own initiative in civil proceedings, we must give at least 10 days notice. TEX. R. APP. P. 42.3. And it is fairly routine that before we dismiss an appeal because the certificate of the right to appeal indicates that it is a plea-bargained case and the defendant has no right of appeal, as in this case, we first give notice of our intent to dismiss the appeal, so that the defendant has the opportunity to explain why dismissal would be improper. I would notify the defendant of our intention and give him the opportunity to respond before I vote to dismiss his appeal. Monreal is not authority to dismiss an appeal without notice on the basis of a waiver. Monreal v. State, 99 S.W.3d 615 (Tex.Crim.App. 2003). In Monreal, notice was provided in the form of a motion to dismiss filed by the State. See id. at 616. For the foregoing reasons, I cannot, at this time, vote to dismiss Ray's appeal. Accordingly, I must dissent.")


Summaries of

Ray v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 29, 2006
No. 10-06-00374-CR (Tex. App. Nov. 29, 2006)
Case details for

Ray v. State

Case Details

Full title:PERRY JOE RAY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 29, 2006

Citations

No. 10-06-00374-CR (Tex. App. Nov. 29, 2006)