Opinion
No. 05-07-01002-CR
Opinion Filed February 8, 2008. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F05-32285-IU.
Before Justices FITZGERALD, LANG-MIERS, and MAZZANT.
MEMORANDUM OPINION
Alice Faye Smith was charged with aggravated assault. She entered a negotiated plea to receive a twelve day sentence after a jury returned a verdict of guilty of the lesser included offense of misdemeanor assault. Appellant accepted the State's offer which was contingent on her waiving the right to appeal. Pursuant to the plea agreement, the trial judge sentenced appellant to twelve days' in jail, satisfied by time already served. Appellant waived her right to appeal as part of the plea agreement. The trial judge's Rule 25.2 certification states the appellant has no right to appeal. See Tex. R. App. P. 25.2(a)(2); Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). A defendant in a noncapital case may waive any right secured her by law. See Tex. Code Crim. Proc. Ann. art. 1.14 (Vernon 2005); Blanco v. State, 18 S.W.3d 218, 219 (Tex.Crim.App. 2000). When a defendant has bargained for a sentencing recommendation from the prosecution in exchange for her waiver of the right to appeal, there is no compelling reason why she should not be held to her bargain. See Blanco, 18 S.W.3d at 220. Because appellant waived her right to appeal, we have no jurisdiction over the appeal. See Chavez, 183 S.W.3d at 680. We dismiss this appeal for want of jurisdiction.