Antoine Devon Crow v. State

• Court: Court of Appeals of Texas
• Decided: October 5, 2015
• Docket: 05-15-01172-CR
• Status: Published

Opinion

Dismissed and Opinion Filed October 5, 2015

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-15-01172-CR

ANTOINE DEVON CROW, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F15-75034-P

MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Bridges Antoine Devon Crow pleaded guilty to felony assault involving family violence. See

TEX. PENAL CODE ANN. § 22.01(b-1) (West Supp. 2014). Pursuant to a plea agreement, the trial

court sentenced appellant to ten years’ imprisonment on March 12, 2015.1 Appellant waived his

right to appeal as part of the plea agreement. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex.

Crim. App. 2000). The trial court certified that appellant does not have the right to appeal. See

TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). On

September 25, 2015, appellant filed a pro se notice of appeal essentially complaining his plea

was involuntary because he believed he would receive shock probation. Even apart from the

1 The judicial confession reflects that appellant also pleaded true to an enhancement paragraph alleging a prior felony conviction for aggravated assault. The trial court’s judgment states “n/a” in the section regarding enhancement paragraphs. Because we have no jurisdiction over the appeal, we cannot modify the trial court’s judgment to make any necessary corrections. plea agreement, appellant’s September 25, 2015 notice of appeal is untimely as to the March 12,

2015 sentencing date.

We dismiss the appeal for want of jurisdiction.

/David L. Bridges/ Do Not Publish DAVID L. BRIDGES TEX. R. APP. P. 47 JUSTICE 151172F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ANTOINE DEVON CROW, Appellant On Appeal from the 203rd Judicial District Court, Dallas County, Texas No. 05-15-01172-CR V. Trial Court Cause No. F15-75034-P. Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered October 5, 2015.

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