Tiray I. Oates v. State

• Court: Court of Appeals of Texas
• Decided: April 8, 2016
• Docket: 05-16-00375-CR
• Status: Published

Opinion

Dismissed and Opinion Filed April 8, 2016.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00375-CR

TIRAY I. OATES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-76110-R

MEMORANDUM OPINION Before Justices Francis, Lang-Miers, and Myers Opinion by Justice Myers Tiray L. Oates entered a negotiated guilty plea to aggravated robbery with a deadly

weapon. The trial court followed the plea agreement and sentenced appellant to eight years’

imprisonment. 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); see also Jones v. State, No. PD-0587-15,

2016 WL 1359196 (Tex. Crim. App. April 6, 2016) (waiver of right to appeal as part of plea

agreement). The trial court certified appellant does not have the right to appeal. See TEX. R.

APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). We dismiss the appeal for want of jurisdiction.1

/Lana Myers/ LANA MYERS JUSTICE

Do Not Publish TEX. R. APP. P. 47 160375F.U05

1 Appellant’s appeal in cause no. 05-16-00369-CR, which followed his conviction by a jury, remains pending before the Court.

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

TIRAY I. OATES, Appellant On Appeal from the 265th Judicial District Court, Dallas County, Texas No. 05-16-00375-CR V. Trial Court Cause No. F15-76110-R. Opinion delivered by Justice Myers, Justices THE STATE OF TEXAS, Appellee Francis and Lang-Miers participating.

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

Judgment entered this 8th day of April, 2016.

–3–