Devonte Webb v. State ( 2015 )

Dismiss and Opinion Filed June 30, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00018-CR
DEVONTE WEBB, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F13-56001-J
MEMORANDUM OPINION
Before Justices Bridges, Lang, and Schenck
Opinion by Justice Lang
Devonte Webb was charged by indictment with capital murder. Appellant pleaded guilty
pursuant to a plea agreement that reduced the charge to aggravated robbery and capped
punishment at forty years’ imprisonment. The trial court accepted the plea agreement, found
appellant guilty, and sentenced him to forty years’ imprisonment. See Shankel v. State, 119
S.W.3d 808, 813 (Tex. Crim. App. 2003).
The trial court initially certified that the case does not involve a plea bargain and
appellant has the right to appeal. However, in response to a motion by appellant’s counsel to
determine our jurisdiction, we ordered the trial court to review the record and to file an amended
certification that accurately reflects the trial court proceedings. The trial court prepared an
amended certification that states the case involves a plea bargain and appellant has no right to
appeal. The trial court noted that appellant was informed on the record that if the trial court
followed the plea agreement, appellant would have no right to appeal. The trial court’s amended
certification is supported by the record. See TEX. R. APP. P. 25.2(a), (2); Cortez v. State, 420
S.W.3d 803 (Tex. Crim. App. 2013); Dears v. State, 154 S.W.3d 610, 614 (Tex. Crim. App.
2005).
We dismiss the appeal for want of jurisdiction.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150018F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEVONTE WEBB, Appellant On Appeal from the Criminal District Court
No. 3, Dallas County, Texas
No. 05-15-00018-CR V. Trial Court Cause No. F13-56001-J.
Opinion delivered by Justice Lang, Justices
THE STATE OF TEXAS, Appellee Bridges and Schenck participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 30th day of June, 2015.
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