Joseph Frank Labarbera, Jr. v. State

IN THE
TENTH COURT OF APPEALS
No. 10-13-00267-CR
No. 10-13-00268-CR
No. 10-13-00269-CR
No. 10-13-00270-CR
JOSEPH FRANK LABARBERA, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court Nos. 2012-1436-C2; 2012-1437-C2; 2012-1438-C2; 2012-1439-C2
MEMORANDUM OPINION
Joseph Frank Labarbera, Jr. has appealed four judgments of conviction, each
signed by the trial court on July 11, 2013. Labarbera signed a waiver of his right to
appeal in each case. Further, the trial court’s certification of defendant’s right to appeal
in each case indicates that Labarbera waived his right to appeal.
These appeals are dismissed.1 See TEX. R. APP. P. 25.2(d); Chavez v. State, 183
S.W.3d 675, 680 (Tex. Crim. App. 2006) ("A court of appeals . . . must dismiss a
prohibited appeal without further action, regardless of the basis for the appeal."); Davis
v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeals dismissed
Opinion delivered and filed August 22, 2013
Do not publish
[CRPM]
1 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is
rendered. See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by
filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals
within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely
motion for rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2 (a).
Labarbera v. State Page 2