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Smith v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 9, 2005
No. 10-05-00045-CR (Tex. App. Mar. 9, 2005)

Opinion

No. 10-05-00045-CR

Opinion Delivered and Filed March 9, 2005. DO NOT PUBLISH.

Appeal from the 54th District Court, McLennan County, Texas, Trial Court # 2004-410-C. Appeal dismissed.

Avery Smith, Tennessee Colony, TX, pro se. John W. Segrest, McLennan County District Attorney, Waco, TX, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM Opinion


Avery J. Smith appeals from his plea-bargained conviction of aggravated robbery. The trial court's certification regarding Smith's right of appeal and documents contained within the clerk's record affirmatively show that Smith has no right to appeal, and he waived his right of appeal. His signed waiver states "I desire to WAIVE each and all of my rights to Appeal, including the filing a Motion for New Trial, requesting permission to appeal, appealing matters raised by written motion prior to trial, giving Notice of Appeal, appealing the Judgment, Sentence or Order of the Court, and a free record, transcript and attorney on appeal." Thus, Smith has no right to appeal. The appeal is dismissed. See TEX. R. APP. P. 25.2(d); High v. State, 115 S.W.3d 581, 582 (Tex.App.-Waco 2003, pet. ref'd).


Summaries of

Smith v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 9, 2005
No. 10-05-00045-CR (Tex. App. Mar. 9, 2005)
Case details for

Smith v. State

Case Details

Full title:AVERY J. SMITH, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 9, 2005

Citations

No. 10-05-00045-CR (Tex. App. Mar. 9, 2005)