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Smith v. State

Court of Appeals of Texas, Eleventh District
Jun 24, 2022
No. 11-22-00170-CR (Tex. App. Jun. 24, 2022)

Opinion

11-22-00166-CR 11-22-00167-CR11-22-00168-CR 11-22-00169-CR 11-22-00170-CR11-22-00171-CR 11-22-00172-CR 11-22-00173-CR

06-24-2022

CARLOS LAMAR SMITH, Appellant v. THE STATE OF TEXAS, Appellee


Do not publish. See Tex. R. App. P. 47.2(b).

On Appeal from the 350th District Court Taylor County, Texas Trial Court Cause Nos. 15296-D, 15343-D, 17298-P, 15338-D, 15339-D, 15340-D, 15341-D, & 15342-D

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

MEMORANDUM OPINION

PER CURIAM

Appellant, Carlos Lamar Smith, entered into a plea agreement with the State. Pursuant to that plea agreement, Appellant pleaded guilty to the offense of robbery in five of the causes that were pending against him, and the State dismissed three other pending causes as a result of Appellant's plea. For each of the five convictions, the trial court assessed Appellant's punishment, in accordance with the terms of the plea agreement, at confinement for twelve years in the Institutional Division of the Texas Department of Criminal Justice-with all five sentences to run concurrently. Appellant filed a pro se notice of appeal in each cause, including the three dismissals. Four days later, he filed a pro se notice requesting that his notice of appeal be withdrawn. We dismiss these appeals.

This court notified Appellant and his court-appointed trial attorney that three of these appeals appeared to be from an order of dismissal and that, in the other five appeals, the trial court had certified that the case was a plea bargain case in which Appellant had no right of appeal. See Tex. R. App. P. 25.2(a)(2), (d), 26.2; see also Tex. Code Crim. Proc. Ann. art. 44.02 (West 2018). We requested that Appellant respond and show grounds to continue the appeals. We also noted in our letter that we had received and filed Appellant's pro se "Withdrawal of Notice of Appeal."

Appellant's attorney has filed a response in each cause. She confirmed that these appeals stem from plea bargained cases. She also indicated that there is no viable basis to continue these appeals and that Appellant has informed her that he no longer desires to appeal these matters.

Accordingly, we dismiss these appeals without further action.


Summaries of

Smith v. State

Court of Appeals of Texas, Eleventh District
Jun 24, 2022
No. 11-22-00170-CR (Tex. App. Jun. 24, 2022)
Case details for

Smith v. State

Case Details

Full title:CARLOS LAMAR SMITH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District

Date published: Jun 24, 2022

Citations

No. 11-22-00170-CR (Tex. App. Jun. 24, 2022)