Marco Xavier Ramirez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 21, 2021
• Docket: 05-21-00648-CR
• Status: Published

Opinion

Dismiss and Opinion Filed October 21, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00648-CR

MARCO XAVIER RAMIREZ, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-82985-2020

MEMORANDUM OPINION Before Justices Molberg, Nowell, and Goldstein Opinion by Justice Nowell On July 20, 2021, Marco Xavier Ramirez filed a pro se notice of appeal,

seeking to challenge his conviction for aggravated robbery with a deadly weapon.

We dismiss this appeal for want of jurisdiction.

The clerk’s record shows that appellant, who was represented by counsel,

entered into a negotiated plea bargain with the State. Under the terms, appellant

agreed to plead guilty to aggravated robbery with a deadly weapon, a firearm, and

true to the enhancement paragraph in exchange for the State’s agreement to

recommend punishment at forty years. As further consideration for the plea bargain,

appellant waived his right to appeal. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The trial court accepted appellant’s guilty plea, found

appellant guilty, and, following the plea agreement, assessed punishment, enhanced

by a prior felony conviction, at forty years in prison. The trial court prepared and

signed a rule 25.2(d) certification of the right to appeal stating this “is a plea-bargain

case, and [appellant] has NO right to appeal” and appellant “has waived the right of

appeal.” See TEX. R. APP. P. 25.2(d). In addition, the trial court noted in the

judgment, “APPEAL WAIVED. NO PERMISSION TO APPEAL GRANTED.”

The certification is supported by the documents before the Court. See Dears v. State,

154 S.W.3d 610, 614–15 (Tex. Crim. App. 2005). Because appellant waived his

right to appeal under the clear terms of the plea agreement, we conclude we lack

jurisdiction. See TEX. R. APP. P. 25.2(a), (d); Lundgren v. State, 434 S.W.3d 594,

599 (Tex. Crim. App. 2014) (when appellant voluntarily waives right of appeal to

secure benefits of plea bargain agreement, subsequent notice of appeal fails to

“initiate the appellate process”).

We dismiss the appeal for want of jurisdiction.

/Erin A. Nowell// 210648f.u05 ERIN A. NOWELL Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

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

MARCO XAVIER RAMIREZ, On Appeal from the 296th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 296-82985- No. 05-21-00648-CR V. 2020. Opinion delivered by Justice Nowell. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

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

Judgment entered this 21st day of October, 2021.

–3–