Carlton James Jones v. State

Dismissed and Opinion Filed October 1, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01099-CR
CARLTON JAMES JONES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-80998-09
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Bridges
Carlton James Jones attempts to appeal his convictions for continuous sexual abuse of a
child and aggravated sexual assault of a child under six years of age. Appellant, who was
represented by counsel, entered into a negotiated plea bargain with the State. Under the plea
agreement, appellant signed a judicial confession and pleaded guilty to the offenses in exchange
for the State’s agreement to abandon eight other counts. 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). On January 17, 2010, the trial court accepted appellant’s guilty plea and,
following the plea agreement, assessed punishment at forty years in prison for each count, to be
served concurrently. The trial court prepared and signed a rule 25.2(d) certification concerning
appellant’s right to appeal stating this “is a plea-bargain case, and [appellant] has NO right to
appeal.” See TEX. R. APP. P. 25.2(d). 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).
Appellant’s September 20, 2018 pro se notice of appeal was not timely filed, and he
waived his right to appeal in conjunction with the plea agreement. TEX. R. APP. P. 25.2(d), 26.2(a).
Under these circumstances, we lack jurisdiction over this appeal.
We dismiss this appeal.
/David L. Bridges/
DAVID L. BRIDGES
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
181099F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CARLTON JAMES JONES, Appellant On Appeal from the 380th Judicial District
Court, Collin County, Texas
No. 05-18-01099-CR V. Trial Court Cause No. 380-80998-09.
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Francis and Lang-Miers
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered October 1, 2018.
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