Jason Cook v. State

Court of Appeals of Texas

Jason Cook v. State

DecidedJuly 27, 2006

Docket14-06-00515-CR

StatusPublished

This text of Jason Cook v. State (Jason Cook v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jason Cook v. State, (Tex. Ct. App. 2006).

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Opinion

Dismissed and Memorandum Opinion filed July 27, 2006

Dismissed and Memorandum Opinion filed July 27, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00515-CR

JASON COOK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1029645

M E M O R A N D U M O P I N I O N

Appellant entered a guilty plea to the offense of possession of a controlled substance. In accordance with the terms of a plea bargain agreement with the State, the trial court issued an order, deferring adjudication and placing appellant on two years of community supervision. The State subsequently moved to adjudicate. In the Stipulation of Evidence, appellant agreed to enter a plea of true to the State=s motion with the understanding that his punishment would be set at two years= incarceration at the Texas Department of Criminal Justice, Institutional Division, and assessment of a fine of $500. As part of this agreement, appellant agreed to waive any right of appeal. The trial court adjudicated appellant guilty and assessed punishment at two years in the Texas Department of Criminal Justice, Institutional Division, and a fine of $500. Because appellant has waived his right to appeal, we dismiss.

The trial court entered a certification of the defendant's right to appeal in which the court certified that the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The trial court's certification states the case involves a plea bargain and appellant has no right to appeal. Because the restrictions of rule 25.2 do not apply to plea bargains entered at adjudication proceedings, we cannot dismiss the appeal on that basis. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). However, appellant's waiver of his right to appeal provides an independent basis to dismiss the appeal. See Blanco v. State, 18 S.W.3d 218, 219‑20 (Tex. Crim. App. 2000).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 27, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b)

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Dismissed and Memorandum Opinion filed July 27, 2006

Dismissed and Memorandum Opinion filed July 27, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00515-CR

JASON COOK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1029645

M E M O R A N D U M O P I N I O N

Appellant entered a guilty plea to the offense of possession of a controlled substance. In accordance with the terms of a plea bargain agreement with the State, the trial court issued an order, deferring adjudication and placing appellant on two years of community supervision. The State subsequently moved to adjudicate. In the Stipulation of Evidence, appellant agreed to enter a plea of true to the State=s motion with the understanding that his punishment would be set at two years= incarceration at the Texas Department of Criminal Justice, Institutional Division, and assessment of a fine of $500. As part of this agreement, appellant agreed to waive any right of appeal. The trial court adjudicated appellant guilty and assessed punishment at two years in the Texas Department of Criminal Justice, Institutional Division, and a fine of $500. Because appellant has waived his right to appeal, we dismiss.

The trial court entered a certification of the defendant's right to appeal in which the court certified that the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The trial court's certification states the case involves a plea bargain and appellant has no right to appeal. Because the restrictions of rule 25.2 do not apply to plea bargains entered at adjudication proceedings, we cannot dismiss the appeal on that basis. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). However, appellant's waiver of his right to appeal provides an independent basis to dismiss the appeal. See Blanco v. State, 18 S.W.3d 218, 219‑20 (Tex. Crim. App. 2000).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 27, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b)

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