Kelvin Jones v. The State of Texas--Appeal from 366th District Court of Collin County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

KELVIN JONES,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

No. 08-06-00150-CR

Appeal from the

366th District Court

of Collin County, Texas

(TC# 366-82540-05)

O P I N I O N

Kelvin Jones attempts to appeal a conviction for theft in an amount of at least $1,500 but less than $20,000. Finding that Appellant has no right of appeal, we dismiss the appeal.

After entering a negotiated plea of guilty, Appellant filed a timely notice of appeal, including the trial court s certification of the defendant s right to appeal as required by Tex. R. App. P. 25.2(a)(2) and Tex. R. App. P. 25.2(d). The trial court s certification reflects that Appellant waived his right to appeal. On June 12, 2006, the Clerk s Office notified Appellant s counsel that the certification reflects that Appellant had waived his right to appeal and requested a response. Counsel responded that he no longer represented Appellant and Appellant had filed his notice of appeal pro se. Counsel noted that Appellant had waived his right to appeal as part of the plea bargain. Accordingly, as Appellant has waived his right to appeal, the appeal is dismissed.

RICHARD BARAJAS, Chief Justice

July 27, 2006

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)