Jeffrey Dwayne Blankenship v. State ( 2020 )

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00069-CR ___________________________ JEFFREY DWAYNE BLANKENSHIP, Appellant V. THE STATE OF TEXAS On Appeal from the 271st District Court Jack County, Texas Trial Court No. 4839 Before Sudderth, C.J.; Bassel and Womack, JJ. Memorandum Opinion by Chief Justice Sudderth MEMORANDUM OPINION On January 31, 2020, we granted Appellant’s “Agreed Plea in Abatement and Motion to Remand,” abated the appeal, and remanded the case to the trial court for a hearing on the parties’ proposed plea agreement. Upon the filing of the supplemental clerk’s record on February 24, 2020, this appeal was automatically reinstated. On February 27, 2020, Appellant filed an unopposed motion to dismiss his appeal. The supplemental clerk’s record reflects that on February 21, 2020, Appellant filed an unopposed motion to set aside the judgment, subject and contingent to the trial court’s acceptance of the parties’ plea agreement. The trial court granted the motion, set aside its earlier judgment, and rendered a new judgment pursuant to the parties’ plea agreement.1 In his motion, Appellant asks that we dismiss his case pursuant to the plea agreement. We grant Appellant’s motion and dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f). /s/ Bonnie Sudderth Bonnie Sudderth Chief Justice Do Not Publish Tex. R. App. P. 47.2(b) Delivered: March 5, 2020 1 The trial court’s new certification of Appellant’s right of appeal reflects 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.” See Tex. R. App. P. 25.2(a)(2), (d). 2