Timothy Sean Geller v. The State of Texas Appeal from 241st District Court of Smith County (opinion)
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NOS. 12-16-00046-CR 12-16-00047-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS TIMOTHY SEAN GELLER, APPELLANT § APPEAL FROM THE 241ST V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant, Timothy Sean Geller, pleaded guilty to the offenses of burglary of a building and aggravated assault. We have received the trial court’s certification in each case stating that this “is a plea bargain case, and the defendant has NO right of appeal[,]” and that “the Defendant has waived the right of appeal.” The trial court’s certification is signed by the trial court, Appellant, and Appellant’s counsel. See TEX. R. APP. P. 25.2(a)(2). Appellant’s counsel in these appeals has informed this Court that Appellant pleaded guilty in each case pursuant to a plea bargain. Counsel states further that, as part of that agreement, Appellant waived his right to appeal, both in writing and in open court, in each case. Therefore, he concludes that these appeals must be dismissed. See TEX. R. APP. P. 25.2(d) (dismissal required if certification showing right of appeal has not been made part of record); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). We agree. Accordingly, we dismiss the appeals “without further action.” TEX. R. APP. P. 25.2(d); Chavez, 183 S.W.3d at 680. Opinion delivered February 17, 2016. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT FEBRUARY 17, 2016 NO. 12-16-00046-CR TIMOTHY SEAN GELLER, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 241-1411-15) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT FEBRUARY 17, 2016 NO. 12-16-00047-CR TIMOTHY SEAN GELLER, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 241-1412-15) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
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