Marco Xavier Ramirez v. the State of Texas ( 2021 )

Dismiss and Opinion Filed October 21, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00648-CR
MARCO XAVIER RAMIREZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-82985-2020
MEMORANDUM OPINION
Before Justices Molberg, Nowell, and Goldstein
Opinion by Justice Nowell
On July 20, 2021, Marco Xavier Ramirez filed a pro se notice of appeal,
seeking to challenge his conviction for aggravated robbery with a deadly weapon.
We dismiss this appeal for want of jurisdiction.
The clerk’s record shows that appellant, who was represented by counsel,
entered into a negotiated plea bargain with the State. Under the terms, appellant
agreed to plead guilty to aggravated robbery with a deadly weapon, a firearm, and
true to the enhancement paragraph in exchange for the State’s agreement to
recommend punishment at forty years. As further consideration for the plea bargain,
appellant waived his right to appeal. See Blanco v. State, 18 S.W.3d 218, 219–20
(Tex. Crim. App. 2000). The trial court accepted appellant’s guilty plea, found
appellant guilty, and, following the plea agreement, assessed punishment, enhanced
by a prior felony conviction, at forty years in prison. The trial court prepared and
signed a rule 25.2(d) certification of the right to appeal stating this “is a plea-bargain
case, and [appellant] has NO right to appeal” and appellant “has waived the right of
appeal.” See TEX. R. APP. P. 25.2(d). In addition, the trial court noted in the
judgment, “APPEAL WAIVED. NO PERMISSION TO APPEAL GRANTED.”
The certification is supported by the documents before the Court. See Dears v. State,
154 S.W.3d 610, 614–15 (Tex. Crim. App. 2005). Because appellant waived his
right to appeal under the clear terms of the plea agreement, we conclude we lack
jurisdiction. See TEX. R. APP. P. 25.2(a), (d); Lundgren v. State, 434 S.W.3d 594,
599 (Tex. Crim. App. 2014) (when appellant voluntarily waives right of appeal to
secure benefits of plea bargain agreement, subsequent notice of appeal fails to
“initiate the appellate process”).
We dismiss the appeal for want of jurisdiction.
/Erin A. Nowell//
210648f.u05 ERIN A. NOWELL
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARCO XAVIER RAMIREZ, On Appeal from the 296th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 296-82985-
No. 05-21-00648-CR V. 2020.
Opinion delivered by Justice Nowell.
THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 21st day of October, 2021.
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