Opinion

Yolanda Conner v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jul 28, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued July 28, 2011.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-10-00160-CR

———————————

Yolanda Conner , Appellant

V.

State of

Texas , Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Case No. 1216750

MEMORANDUM OPINION

We lack jurisdiction to hear this

appeal. Appellant Yolanda Conner pleaded

guilty to the offense of aggravated assault with a deadly weapon and the trial

court, in accordance with her plea agreement with the State, sentenced her to 10 years’ confinement.

After the trial court

sentenced appellant to a punishment that fell within the terms of the plea

agreement, it certified that appellant has waived her right of appeal. Additionally, appellant signed a document

entitled “Advice of Defendant’s Right to Appeal” which informed her that if she

pled guilty and accepted the punishment recommended by the prosecutor, she

cannot appeal her conviction without permission. Although appellant filed a timely notice of appeal,

she does not appeal any pre-trial matters, and the trial court did not give her

permission to appeal.

We conclude that the trial

court’s certification that appellant has waived her right of appeal, as shown

on the form entitled “Trial Court’s Certification of Defendant’s Right of

Appeal,” is supported by the record that shows that she entered into an agreed

plea with the State. Tex. R. App. P. 25.2(a)(2). Because appellant has no right of appeal, we

must dismiss this appeal “without further action.” Chavez

v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

Accordingly, we dismiss the

appeal for lack of jurisdiction.

We deny any pending motions

as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp, and Brown.

Do not publish. Tex. R.

App. P. 47.2( b).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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