Gayland Decloyce Williams v. State ( 2015 )


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  •                                   NO. 12-15-00065-CR
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    GAYLAND DECLOYCE WILLIAMS,                       §      APPEAL FROM THE 241ST
    APPELLANT
    V.                                               §      JUDICIAL DISTRICT COURT
    THE STATE OF TEXAS,
    APPELLEE                                         §      SMITH COUNTY, TEXAS
    MEMORANDUM OPINION
    PER CURIAM
    Pursuant to a plea bargain agreement with the State, Appellant, Gayland Decloyce
    Williams, pleaded guilty to the offense of evading arrest with a vehicle. Appellant, his counsel,
    and counsel for the State signed various documents relating to the plea, including an agreed
    punishment recommendation of imprisonment for ten years.            In accordance with the plea
    agreement, the trial court sentenced Appellant to imprisonment for ten years. The trial court also
    certified to this court that this is a plea bargain case, and Appellant has no right to appeal. The
    certification is signed by the trial court, Appellant, and Appellant’s counsel. See TEX. R. APP. P.
    25.2(a)(2).
    Texas Rule of Appellate Procedure 25.2(a)(2) limits a defendant’s right to appeal in a
    plea bargain case when he pleads guilty and his punishment does not exceed the punishment
    recommended by the prosecutor and agreed to by the defendant. See TEX. R. APP. P. 25.2(a)(2).
    Under those circumstances, the defendant may appeal only (1) matters raised by written motion
    and ruled on before trial or (2) after getting the trial court’s permission to appeal. 
    Id. Here, the
    trial court did not give Appellant permission to appeal, and Appellant did not file any pretrial
    motions. Therefore, we conclude that the certification of the right of appeal filed by the trial
    court is supported by the record and that Appellant has no right to appeal.1 Accordingly, we
    dismiss the appeal “without further action.” See Chavez v. State, 
    183 S.W.3d 675
    , 680 (Tex.
    Crim. App. 2006).
    Opinion delivered May 20, 2015.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    (DO NOT PUBLISH)
    1
    Under the terms of the plea bargain agreement, Appellant expressly waived the right to appeal.
    2
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    MAY 20, 2015
    NO. 12-15-00065-CR
    GAYLAND DECLOYCE WILLIAMS,
    Appellant
    V.
    THE STATE OF TEXAS,
    Appellee
    Appeal from the 241st District Court
    of Smith County, Texas (Tr.Ct.No. 241-1607-14)
    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.
    

Document Info

Docket Number: 12-15-00065-CR

Filed Date: 5/20/2015

Precedential Status: Precedential

Modified Date: 10/16/2015