Richard Earl Phillips v. State

• Court: Court of Appeals of Texas
• Decided: August 19, 2014
• Docket: 05-14-00673-CR
• Status: Published

Opinion

Dismissed and Opinion Filed August 19, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00673-CR

RICHARD EARL PHILLIPS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-82591-2012

MEMORANDUM OPINION Before Justices Moseley, O’Neill, and FitzGerald Opinion by Justice FitzGerald Richard Earl Phillips pleaded guilty to three counts of indecency with a child by contact

and one count of indecency with a child by exposure. Pursuant to a plea agreement, the trial

court assessed punishment at imprisonment for four years and six months on each count.

Appellant waived his right to appeal as part of the plea agreement. See Blanco v. State, 18

S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The trial court certified both that the case involves

a plea bargain and appellant has no right to appeal and that appellant waived his right to appeal.

See TEX. R. APP. P. 25.2(d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005).

Additionally, appellant’s May 30, 2014 notice of appeal is untimely as to the January 31, 2014

sentencing date. See TEX. R. APP. P. 26.2(a)(1); Slaton v. State, 981 S.W.2d 208, 210 (Tex.

Crim. App. 1998) (per curiam). We dismiss the appeal for want of jurisdiction.

/Kerry P. FitzGerald/ Do Not Publish KERRY P. FITZGERALD TEX. R. APP. P. 47 JUSTICE 140673F.U05

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

RICHARD EARL PHILLIPS, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-14-00673-CR V. Trial Court Cause No. 219-82591-2012. Opinion delivered by Justice FitzGerald, THE STATE OF TEXAS, Appellee Justices Moseley and O’Neill participating.

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

Judgment entered August 19, 2014

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