Eli Blue Hernandez v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00255-CR

Eli Blue Hernandez, Appellant v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NO. D-1-DC-10-206973, HONORABLE CLIFFORD BROWN, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Eli Blue Hernandez pleaded guilty to the offense of possession of a controlled substance, cocaine, and the district court placed him on deferred-adjudication community supervision for a period of eight years. Subsequently, the State filed a motion to proceed with an adjudication of guilt, based, in part, on an allegation that Hernandez had committed the subsequent criminal offense of possession of a controlled substance.1 Hernandez pleaded true to the allegations in the motion to adjudicate and was sentenced to five years’ imprisonment. He subsequently filed a pro se notice of appeal from the judgment adjudicating guilt. However, the district court has

1 Hernandez’s appeal of his conviction for the subsequent offense was separately docketed under appellate cause number 03-13-00256-CR. That appeal was dismissed because the district court had certified that it was a plea-bargain case, the defendant had no right of appeal, and the defendant had waived the right of appeal. See Hernandez v. State, No. 03-13-00256-CR, 2013 Tex. App. LEXIS 7553 (Tex. App.—Austin June 21, 2013, no pet.) (mem. op., not designated for publication).

now certified that Hernandez has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2), (d). Accordingly, we dismiss the appeal.

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Bob Pemberton, Justice

Before Chief Justice Jones, Justices Pemberton and Rose Dismissed Filed: March 28, 2014 Do Not Publish