Carlton James Jones v. State

• Court: Court of Appeals of Texas
• Decided: October 1, 2018
• Docket: 05-18-01099-CR
• Status: Published

Opinion

Dismissed and Opinion Filed October 1, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01099-CR

CARLTON JAMES JONES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-80998-09

MEMORANDUM OPINION Before Justices Bridges, Francis, and Lang-Miers Opinion by Justice Bridges Carlton James Jones attempts to appeal his convictions for continuous sexual abuse of a

child and aggravated sexual assault of a child under six years of age. 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 offenses in exchange

for the State’s agreement to abandon eight other counts. 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). On January 17, 2010, the trial court accepted appellant’s guilty plea and,

following the plea agreement, assessed punishment at forty years in prison for each count, to be

served concurrently. 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).

Appellant’s September 20, 2018 pro se notice of appeal was not timely filed, and he

waived his right to appeal in conjunction with the plea agreement. TEX. R. APP. P. 25.2(d), 26.2(a).

Under these circumstances, we lack jurisdiction over this appeal.

We dismiss this appeal.

/David L. Bridges/ DAVID L. BRIDGES Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b) 181099F.U05

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

CARLTON JAMES JONES, Appellant On Appeal from the 380th Judicial District Court, Collin County, Texas No. 05-18-01099-CR V. Trial Court Cause No. 380-80998-09. Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Francis and Lang-Miers participating.

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

Judgment entered October 1, 2018.

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