Opinion
No. 05-20-00480-CR No. 05-20-00481-CR
05-11-2020
GORDON EUGENE SCOTT, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court Collin County, Texas
Trial Court Cause Nos. 401-83699-2019 & 401-84122-2019
MEMORANDUM OPINION
Before Justices Schenck, Molberg, and Nowell
Opinion by Justice Molberg
On March 5, 2020, Gordon Eugene Scott entered into a plea bargain agreement with the State in each of the above cases. Under the terms of the agreements, which were signed by appellant, his trial attorney, the State, and the trial court, the State recommended appellant be placed on two years deferred adjudication in exchange for appellant waiving, among other things, his right to appeal. The trial court followed the agreements, deferred adjudication of guilt for two years in each case, and certified each case "is a plea-bargain case, and the defendant has NO right of appeal" and that "the defendant has waived the right of appeal." On April 3, 2020, appellant filed his pro se notices of appeal with this Court.
When an appellant waives his right to appeal as part of his plea bargain agreement with the State, a subsequent notice of appeal filed by him fails to "initiate the appellate process," and deprives this Court of jurisdiction. Lundgren v. State, 434 S.W.3d 594, 599, 600 (Tex. Crim. App. 2014). If the court of appeals lacks jurisdiction, it must dismiss the appeal. See Jones v. State, 488 S.W.3d 801, 808 (Tex. Crim. App. 2016).
Along with appellant's notices of appeal, the district clerk forwarded copies of appellant's plea bargain agreements, the trial court's judgments, and the trial court's certifications that appellant waived his right to appeal in each case.
Under these circumstances, we have no other alternative than to dismiss these appeals for want of jurisdiction.
/Ken Molberg//
KEN MOLBERG
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 200480f.u05
JUDGMENT
On Appeal from the 401st Judicial District Court, Collin County, Texas
Trial Court Cause No. 401-83699-2019.
Opinion delivered by Justice Molberg. Justices Schenck and Nowell participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 11 day of May, 2020.
JUDGMENT
On Appeal from the 401st Judicial District Court, Collin County, Texas
Trial Court Cause No. 401-84122-2019.
Opinion delivered by Justice Molberg. Justices Schenck and Nowell participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 11 day of May, 2020.