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Waters v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 21, 2010
Nos. 05-10-00795-CR, 05-10-00796-CR (Tex. App. Jul. 21, 2010)

Opinion

Nos. 05-10-00795-CR, 05-10-00796-CR

Opinion issued July 21, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the Criminal District Court No. 4, Dallas County, Texas, Trial Court Cause Nos. F09-25466-K, F09-73211-K.

Before Chief Justice WRIGHT and Justices FRANCIS and MYERS.


MEMORANDUM OPINION


Jason Leon Waters waived a jury and entered a negotiated guilty plea to fraudulent use or possession of identifying information and unauthorized use of a motor vehicle. The trial court assessed the agreed punishment of confinement in a state jail facility for fifteen months and a $1500 fine in each case. As part of the plea agreement, appellant waived his right to appeal. See Blanco v. State, 18 S.W.3d 218 (Tex. Crim. App. 2000). The trial court issued rule 25.2(d) certifications showing appellant has no right to appeal due to the plea agreement. See Tex. R. App. P. 25.2. The record supports the trial court's certifications. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005); Mercer v. State, 262 S.W.3d 810, 811 (Tex. App.-Houston [1st Dist.] 2008, no pet.). Appellant entered into a plea agreement and waived his right to appeal. The record does not contain any rulings on pretrial motions that would serve as a basis for appeal. See Tex. R. App. P. 25.2(a)(2); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (explaining analysis courts of appeals undertake in determining appellate rights of plea-bargaining defendants). Moreover, appellant's notice of appeal in each case is untimely. See Tex. R. App. P. 26.2(1). We dismiss these appeals for want of jurisdiction.


Summaries of

Waters v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 21, 2010
Nos. 05-10-00795-CR, 05-10-00796-CR (Tex. App. Jul. 21, 2010)
Case details for

Waters v. State

Case Details

Full title:JASON LEON WATERS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 21, 2010

Citations

Nos. 05-10-00795-CR, 05-10-00796-CR (Tex. App. Jul. 21, 2010)