Michael Shawn Smith v. The State of Texas Appeal from 264th District Court of Bell County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00823-CR NO. 03-17-00824-CR NO. 03-17-00825-CR NO. 03-17-00826-CR Michael Shawn Smith, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NOS. 77422, 77423, 77424, & 77425 THE HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION Appellant Michael Shawn Smith pled guilty to two charges of burglary of a vehicle with two or more previous convictions. See Tex. Penal Code § 33.04(a) (defining offense of burglary of vehicle), (d)(2)(A) (elevating offense to state jail felony if defendant has been previously convicted of burglary of vehicle two or more times). Pursuant to section 12.45 of the Penal Code, the trial court took into account two additional charges of burglary of a vehicle with two or more previous convictions when determining appellant’s sentence. See id. § 12.45 (allowing trial court to take into account unadjudicated offenses when determining sentence for offense of which defendant has been adjudicated guilty). Appellant subsequently filed a notice of appeal in each of the four cases—the two cases relating to the adjudicated offenses that resulted in a judgment of conviction as well as the two cases relating to the unadjudicated offenses that were considered by the trial court in the sentencing for the adjudicated offenses. The trial court has certified in each of these cases that: (1) this is a plea bargain case and appellant has no right of appeal, and (2) appellant waived the right of appeal. Accordingly, the appeals are dismissed. See Tex. R. App. P. 25.2(a)(2), (d). __________________________________________ Melissa Goodwin, Justice Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: January 10, 2018 Do Not Publish 2
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