Calvin Deon Hogan v. State

• Court: Court of Appeals of Texas
• Decided: June 28, 2018
• Docket: 05-18-00602-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed June 28, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00602-CR

CALVIN DEON HOGAN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F17-76562-U

MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Fillmore Calvin Deon Hogan entered a negotiated plea of guilty to the offense of aggravated robbery

with a deadly weapon. After finding appellant guilty, the trial court assessed punishment at ten

years in prison. Appellant then filed a pro se notice of appeal. After reviewing the record before

us, we dismiss this appeal.

Appellant, who was represented by counsel, entered into a negotiated plea bargain with the

State. Under the plea agreement, appellant signed a judicial confession and pleaded guilty to the

offense in exchange for the State’s agreement to recommend punishment at ten years. As further

consideration for the plea bargain, appellant waived his right to appeal. See Blanco v. State, 18

S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The trial court accepted appellant's guilty plea and,

following the plea agreement, assessed punishment at ten years in prison. The trial court prepared and signed a rule 25.2(d) certification concerning appellant’s right to appeal stating this “is a plea-

bargain case, and [appellant] has NO right to appeal.” See TEX. R. APP. P. 25.2(d). The

certification is supported by the documents before the Court. See Dears v. State, 154 S.W.3d 610,

614–15 (Tex. Crim. App. 2005). Because appellant waived his right to appeal in conjunction with

the plea agreement, we conclude we lack jurisdiction. See TEX. R. APP. P. 25.2(a), (d); Chavez v.

State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (appellant had no right of appeal because he

was sentenced pursuant to the agreed terms of a plea bargain and did not satisfy either of the

exceptions stated in rule 25.2(a)(2)).

We dismiss the appeal for want of jurisdiction.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b)

180602F.U05

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

CALVIN DEON HOGAN, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas. No. 05-18-00602-CR V. Trial Court Cause No. F17-76562-U. Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices Francis and Whitehill participating.

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

Judgment entered this 28th day of June, 2018.

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