Dequindrick Alexander v. The State of Texas Appeal from Criminal District Court No. 3 of Dallas County (memorandum opinion)
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DISMISS; and Opinion Filed August 21, 2017. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00544-CR DEQUINDRICK ALEXANDER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F14-56390-J MEMORANDUM OPINION Before Justices Fillmore, Whitehill, and Boatright Opinion by Justice Fillmore Dequindrick Alexander waived his right to a jury trial and pleaded guilty to aggravated robbery with a deadly weapon under a plea agreement with the State. In accordance with the plea agreement, the trial court found appellant guilty and assessed punishment at ten years’ imprisonment. The trial court’s certification, which was signed by appellant, states that appellant waived his right of appeal. See TEX. R. APP. P. 25.2(d). In a plea agreement case where the punishment imposed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant, a defendant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after obtaining the trial court’s permission to appeal. TEX. R. APP. P. 25.2(a)(2). A valid waiver of appeal, whether negotiated or non-negotiated, prevents a defendant from appealing without the trial court’s consent. Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003). The record before us supports the trial court’s certification that appellant waived his right to appeal after accepting a plea agreement. There were no rulings on pretrial motions that would serve as a basis for this appeal. See TEX. R. APP. P. 25.2(a)(2); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App.) (explaining analysis courts of appeals undertake in determining appellate rights of plea-bargaining defendants). Therefore, we lack jurisdiction over this appeal. We dismiss the appeal for want of jurisdiction. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 170544F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEQUINDRICK ALEXANDER, Appellant No. 05-17-00544-CR On Appeal from the Criminal District Court No. 3, Dallas County, Texas Trial Court Cause No. F14-56390-J. Opinion delivered by Justice Fillmore. Justices Whitehill and Boatright participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction. Judgment entered this 21st day of August, 2017. –3–
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