Yolanda Conner v. The State of Texas--Appeal from 262nd District Court of Harris County

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Opinion issued July 28, 2011. In The Court of Appeals For The First District of Texas NO. 01-10-00160-CR YOLANDA CONNER, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 262nd District Court Harris County, Texas Trial Court Case No. 1216750 MEMORANDUM OPINION We lack jurisdiction to hear this appeal. Appellant Yolanda Conner pleaded guilty to the offense of aggravated assault with a deadly weapon and the trial court, in accordance with her plea agreement with the State, sentenced her to 10 years confinement. After the trial court sentenced appellant to a punishment that fell within the terms of the plea agreement, it certified that appellant has waived her right of appeal. Additionally, appellant signed a document entitled Advice of Defendant s Right to Appeal which informed her that if she pled guilty and accepted the punishment recommended by the prosecutor, she cannot appeal her conviction without permission. Although appellant filed a timely notice of appeal, she does not appeal any pre-trial matters, and the trial court did not give her permission to appeal. We conclude that the trial court s certification that appellant has waived her right of appeal, as shown on the form entitled Trial Court s Certification of Defendant s Right of Appeal, is supported by the record that shows that she entered into an agreed plea with the State. TEX. R. APP. P. 25.2(a)(2). Because appellant has no right of appeal, we must dismiss this appeal without further action. Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). Accordingly, we dismiss the appeal for lack of jurisdiction. We deny any pending motions as moot. 2 PER CURIAM Panel consists of Chief Justice Radack and Justices Sharp, and Brown. Do not publish. TEX. R. APP. P. 47.2(b). 3

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