Joseph Frank Labarbera, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: August 22, 2013
• Docket: 10-13-00267-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-13-00267-CR No. 10-13-00268-CR No. 10-13-00269-CR No. 10-13-00270-CR

JOSEPH FRANK LABARBERA, JR., Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court Nos. 2012-1436-C2; 2012-1437-C2; 2012-1438-C2; 2012-1439-C2

MEMORANDUM OPINION

Joseph Frank Labarbera, Jr. has appealed four judgments of conviction, each

signed by the trial court on July 11, 2013. Labarbera signed a waiver of his right to

appeal in each case. Further, the trial court’s certification of defendant’s right to appeal

in each case indicates that Labarbera waived his right to appeal. These appeals are dismissed.1 See TEX. R. APP. P. 25.2(d); Chavez v. State, 183

S.W.3d 675, 680 (Tex. Crim. App. 2006) ("A court of appeals . . . must dismiss a

prohibited appeal without further action, regardless of the basis for the appeal."); Davis

v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeals dismissed Opinion delivered and filed August 22, 2013 Do not publish [CRPM]

1 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2 (a).

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