Robert McMillen v. State

• Court: Court of Appeals of Texas
• Decided: May 30, 2013
• Docket: 05-13-00099-CR
• Status: Published

Opinion

DISMISS; Opinion Filed May 30, 2013.

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

No. 05-13-00099-CR

ROBERT CLYDE MCMILLEN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F12-59889-Y

MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Lang Robert Clyde McMillen pleaded guilty to felony theft. See TEX. PEN. CODE ANN.

§ 31.03(e)(4)(D) (West Supp. 2012). Pursuant to a plea agreement, the trial court assessed

punishment at ten months’ confinement in a state jail and a $1,500 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 that appellant does not have the 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.

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47 130099F.U05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ROBERT CLYDE MCMILLEN, Appellant On Appeal from the Criminal District Court No. 7, Dallas County, Texas No. 05-13-00099-CR V. Trial Court Cause No. F12-59889-Y. Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee Myers and Evans participating.

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

Judgment entered this 30th day of May, 2013.

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