Opinion
No. 06-05-00100-CR
Submitted: May 26, 2005.
Decided: May 27, 2005. DO NOT PUBLISH.
On Appeal from the 188th Judicial District Court, Gregg County, Texas, Trial Court No. 31,258-A.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Larry X. Roberts was placed on deferred adjudication March 26, 2004, for the offense of possession of marihuana, a state jail felony. The State filed, on December 10, 2004, a motion to adjudicate Roberts' guilt, alleging he had possessed more than five but less than fifty pounds of marihuana, thereby violating a term of his deferred adjudication community supervision. A hearing was held on the State's motion February 10, 2005, which resulted in the court adjudicating Roberts guilty and sentencing him to one year's confinement in a state jail facility. There is no indication in the record that Roberts' plea or sentence was pursuant to a plea agreement with the State. The trial court's judgment and the docket sheet both state Roberts waived appeal. The record also does not contain a certification of Roberts' right to appeal his sentence and conviction. See TEX. R. APP. P. 25.2(a)(2). As it appears from the record we lack jurisdiction in this cause, we dismiss Roberts' appeal. See TEX. R. APP. P. 25.2(d); Monreal v. State, 99 S.W.3d 615 (Tex.Crim.App. 2003) (appellant who executed waiver of appeal in nonnegotiated plea cannot appeal without securing permission of trial court).