Opinion
NO. 03-17-00876-CR
01-24-2018
Fred Vega, III, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
NO. CR2017-162 , HONORABLE R. BRUCE BOYER, JUDGE PRESIDING MEMORANDUM OPINION
Appellant Fred Vega, III, has filed a notice of appeal from his judgments of conviction for the offenses of possession of a controlled substance with intent to deliver, tampering with evidence, and evading arrest. The State has filed a motion to dismiss the appeal, asserting that this is a plea-bargain case and that Vega waived his right to appeal as part of the plea agreement. Attached to the State's motion are copies of: (1) the judgements of conviction, indicating that Vega pleaded guilty to the offenses; (2) the plea agreement signed by Vega and his trial counsel, indicating that Vega waived his right to appeal; and (3) the trial-court certification signed by Vega and his trial counsel, indicating that this is a plea-bargain case, Vega has no right to appeal, and Vega has waived his right to appeal. We grant the State's motion and dismiss the appeal.
We also note that Vega's notice of appeal was untimely filed, and Vega has filed a motion for extension of time to file his notice of appeal. We dismiss that motion as moot.
/s/_________
Bob Pemberton Before Justices Puryear, Pemberton, and Bourland Dismissed for Want of Jurisdiction Filed: January 24, 2018 Do Not Publish