Derly Dwayne Gross v. The State of Texas Appeal from County Criminal Court No. 2 of Dallas County (memorandum opinion )

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Dismissed; Opinion Filed November 1, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00932-CR DERLY DWAYNE GROSS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court No. 2 Dallas County, Texas Trial Court Cause No. MB-1670939 MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Evans After entering a plea agreement with the State, Derly Dwayne Gross was found guilty of possession of a controlled substance. The trial court followed the plea agreement and assessed punishment at forty-two days in jail. 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’s rule 25.2(d) certification states (1) the case involves a plea bargain and appellant has no right to appeal and (2) appellant has waived the right to appeal. The certification is supported by the documents before the Court. See Dears v. State, 154 S.W.3d 610, 614–15 (Tex. Crim. App. 2005). In light of the above, we dismiss this appeal for want of jurisdiction. /David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX. R. APP. P. 47 160932F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT DERLY DWAYNE GROSS, Appellant No. 05-16-00932-CR On Appeal from the County Criminal Court No. 2, Dallas County, Texas Trial Court Cause No. MB-1670939. Opinion delivered by Justice Evans, Justices Lang and Myers 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 this 1st day of November, 2016. –3–

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