Francisco H. Arroyo v. The State of Texas--Appeal from 124th District Court of Gregg County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00034-CR
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FRANCISCO HERNANDEZ ARROYO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 29887-B
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Francisco Hernandez Arroyo has appealed from his conviction on his plea of guilty without a plea agreement to the offense of possession of a controlled substance with intent to deliver. The trial court assessed punishment at fifteen years' imprisonment.

Effective January 1, 2003, the Texas Rules of Appellate Procedure were amended. Arroyo's notice of appeal invoking appellate jurisdiction was filed after the effective date of the amended rules. The amended rules therefore apply to this appeal. We have now received the certification prepared by the trial court in accordance with Tex. R. App. P. 25.2(d). In that certification, the court affirms, as it did in the judgment, that Arroyo has waived his right to appeal.

The reporter's record reflects that, although no formal plea agreement was in place, at the request of defense counsel, the court followed the State's recommendation as to punishment and Arroyo personally stated he wanted to accept the court's sentence and give up his right to appeal. A criminal defendant may waive many rights, including the right to appeal a conviction. Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000). The trial court confirmed this state of events in its certification that Arroyo had waived his right to appeal.

 

We dismiss the appeal.

 

Donald R. Ross

Justice

 

Date Submitted: April 30, 2003

Date Decided: May 1, 2003

 

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