Xzaveus Bynum v. The State of Texas Appeal from Criminal District Court No. 7 of Dallas County (memorandum opinion)

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Dismissed; Opinion Filed August 29, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00986-CR XZAVEUS BYNUM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F17-75416-Y MEMORANDUM OPINION Before Justices Lang, Myers, and Stoddart Opinion by Justice Lang Xzaveus Bynum pleaded guilty to aggravated assault with a deadly weapon. Following appellant’s plea agreement with the State, the trial court assessed punishment at three years in prison. The trial court’s certification of appellant’s right to appeal states the case involves a plea bargain and appellant has no right to appeal. See TEX. R. APP. P. 25.2(d). The certification is supported by the documents filed along with appellant’s notice of appeal. See Dears v. State, 154 S.W.3d 610, 614–15 (Tex. Crim. App. 2005). By letter dated August 23, 2017, we questioned our jurisdiction over this appeal and directed appellant to file a letter brief, and the State to file a response, regarding the jurisdictional issue. On August 28, 2017, appellant’s appointed attorney filed a letter, conceding he had waived his right to appeal. Because the documents before the Court affirmatively show we have no jurisdiction over the appeal, we dismiss the appeal for want of jurisdiction. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 170986F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT XZAVEUS BYNUM, Appellant No. 05-17-00986-CR On Appeal from the Criminal District Court No. 7, Dallas County, Texas Trial Court Cause No. F17-75416-Y. Opinion delivered by Justice Lang, Justices Myers and Stoddart participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 29th day of August, 2017. –3–

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