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Turner v. State

Court of Appeals of Texas, Twelfth District, Tyler
Jul 31, 2009
No. 12-09-00224-CR (Tex. App. Jul. 31, 2009)

Opinion

No. 12-09-00224-CR

Opinion delivered July 31, 2009. DO NOT PUBLISH

Appeal from the 114th Judicial District Court of Smith County, Texas. (Tr.Ct. No. 114-0122-09).

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


Appellant pleaded guilty to indecency with a child pursuant to an agreed punishment recommendation by the State. The trial court sentenced Appellant to imprisonment for fifteen years in accordance with the State's recommendation. We have received the trial court's certification showing that Appellant waived his right to appeal. See TEX. R. APP. P. 25.2(d). The certification is signed by Appellant and his counsel. The clerk's record supports the trial court's certification. See Greenwell v. Thirteenth Court of Appeals , 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); Dears v. State , 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). Accordingly, the appeal is dismissed for want of jurisdiction. See Monreal v. State , 99 S.W.3d 615, 622 (Tex. Crim. App. 2003); Blanco v. State , 18 S.W.3d 218, 220 (Tex. Crim. App. 2000).

JUDGMENT

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be DISMISSED. It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION; and that this decision be certified to the court below for observance. Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 31st day of July, 2009, the cause upon appeal to revise or reverse your judgment between was determined; and therein our said Court made its order in these words: "THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of the Court that this Court is without jurisdiction of the appeal, and that the appeal should be DISMISSED. It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION; and that this decision be certified to the court below for observance." WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed. WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ___ day of __________________, 200____.


Summaries of

Turner v. State

Court of Appeals of Texas, Twelfth District, Tyler
Jul 31, 2009
No. 12-09-00224-CR (Tex. App. Jul. 31, 2009)
Case details for

Turner v. State

Case Details

Full title:KENNETH ROY TURNER, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Jul 31, 2009

Citations

No. 12-09-00224-CR (Tex. App. Jul. 31, 2009)