James Eddie Porch v. State

• Court: Court of Appeals of Texas
• Decided: November 30, 2007
• Docket: 12-07-00377-CR
• Status: Published

Opinion

                NO. 12-07-00375-CR

NO. 12-07-00376-CR

NO. 12-07-00377-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JAMES EDDIE PORCH,     §          APPEAL FROM THE 159TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant pleaded guilty to three counts of possession of a controlled substance (trial court cause numbers CR-26124 and CR-27297) and two counts of possession of a controlled substance with intent to deliver (trial court cause number CR-27,085).  The trial court assessed punishment at confinement for one year on one count of possession of a controlled substance and imprisonment for fifteen years on each of the other four counts, with the sentences running concurrently.  The clerk’s record in each cause includes a waiver of appeal signed by Appellant.  The record also includes the trial court’s certification showing that these are plea bargain cases and Appellant has waived his right to appeal in each.  See Tex. R. App. P. 25.2 (d).¹  Accordingly, the appeals are dismissed for want of jurisdiction.

Opinion delivered November 30, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

---

¹ We have received a reporter’s record from a hearing held by the trial court in an attempt to comply with the requirement that the trial court’s certification must be signed by the defendant, with a copy given to him.  See Tex. R. App. P. 25.2(d).  The record reflects that Appellant refused to sign the certification and refused to accept a copy of the unsigned certification.