Edwards, Kevin Dewayne v. The State of TexasAppeal from 422nd Judicial District Court of Kaufman County (memorandum opinion )
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DISMISS; Opinion issued April 9, 2013 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00998-CR KEVIN DEWAYNE EDWARDS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 28935-422 MEMORANDUM OPINION Before Justices Francis, Lang, and Evans Opinion by Justice Francis A jury found Kevin Dwayne Edwards guilty of possession with intent to deliver methamphetamine in an amount of four grams or more but less than 200 grams and evading arrest or detention using a motor vehicle, as alleged in one indictment. Thereafter, appellant entered an agreement as to punishment with the State. The trial court followed the agreement and sentenced appellant to imprisonment for nineteen years for the methamphetamine offense and one year in a state jail for the evading offense. Appellant waived his right to appeal as part of the punishment agreement, as is reflected on the trial court s certifications of appellant s right to appeal that were signed by appellant and his attorney. See TEX. R. APP. P. 25.2(d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Blanco v. State, 18 S.W.3d 218, 219 20 (Tex. Crim. App. 2000). Appellant filed a petition seeking permission to appeal, which the trial court heard along with appellant s motion for new trial. At the conclusion of the hearing, the trial court denied appellant s request for permission to appeal. On July 2, 2012, the trial court signed an order denying appellant permission to appeal. Appellant s waiver of his right to appeal leaves us without jurisdiction. See Blanco, 18 S.W.3d at 219 20. We dismiss the appeal for want of jurisdiction. /Molly Francis/ MOLLY FRANCIS JUSTICE Do Not Publish TEX. R. APP. P. 47 120998F.U05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KEVIN DEWAYNE EDWARDS, Appellant No. 05-12-00998-CR On Appeal from the 422nd Judicial District Court, Kaufman County, Texas Trial Court Cause No. 28935-422. Opinion delivered by Justice Francis, Justices Lang and Evans participating. V. THE STATE OF TEXAS, Appellee Based on the Court s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered April 9, 2013. /Molly Francis/ MOLLY FRANCIS JUSTICE 3
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