Nicholas Philip Yukich III v. State

Opinion

DISMISS; and Opinion Filed May 20, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00588-CR

NICHOLAS PHILIP YUKICH III, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82747-2011

MEMORANDUM OPINION Before Justices O’Neill, Francis, and Fillmore Opinion by Justice Fillmore Nicholas Philip Yukich III pleaded guilty to felony driving while intoxicated. Pursuant to

a plea agreement, the trial court assessed punishment at six years’ imprisonment, probated for

four years, and a $360 fine. Appellant waived his right to appeal in conjunction with the plea

agreement. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The trial court

certified both that appellant waived his right to appeal and that the case involves a plea bargain

and appellant has no 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/Robert M. Fillmore/ ROBERT M. FILLMORE Do Not Publish JUSTICE Tex. R. App. P. 47 130588F.U05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

NICHOLAS PHILIP YUKICH III, On Appeal from the 366th Judicial District Appellant Court, Collin County, Texas Trial Court Cause No. 366-82747-2011. No. 05-13-00588-CR V. Opinion delivered by Justice Fillmore, Justices O’Neill and Francis participating. THE STATE OF TEXAS, Appellee

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

Judgment entered this 20th day of May, 2013.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

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