Elizabeth Ortiz v. State

• Court: Court of Appeals of Texas
• Decided: October 14, 2013
• Docket: 05-13-01078-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed October 14, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01078-CR

ELIZABETH ORTIZ, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F12-40564-Q

MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion by Justice Fillmore Elizabeth Ortiz pleaded guilty to possession of heroin in an amount of one gram or more

but less than four grams. Pursuant to a plea agreement, the trial court deferred adjudicating

appellant’s guilt, placed her on six years’ community supervision, and assessed a $2,000 fine.

Appellant waived her 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 both that the case involves

a plea bargain and appellant has no right to appeal and appellant waived her right to appeal. See

TEX. R. APP. P. 25.2(d), Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). We dismiss the appeal for want of jurisdiction.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

Do Not Publish TEX. R. APP. P. 47

131078F.U05

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

ELIZABETH ORTIZ, Appellant On Appeal from the 204th Judicial District Court, Dallas County, Texas No. 05-13-01078-CR V. Trial Court Cause No. F12-40564-Q. Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices Bridges and Lewis participating.

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

Judgment entered this14th day of October, 2013.

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