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Davis v. State

State of Texas in the Fourteenth Court of Appeals
Jan 12, 2016
NO. 14-15-00344-CR (Tex. App. Jan. 12, 2016)

Opinion

NO. 14-15-00344-CRNO. 14-15-00345-CR

01-12-2016

NAYAJAH NIYA DAVIS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 262nd District Court Harris County, Texas
Trial Court Cause Nos. 1412474 & 1412475

MEMORANDUM OPINION

A jury found appellant guilty of two charges of assault of a public servant. After the verdict, appellant and the State entered into an agreement as to sentencing. In accordance with the terms of the agreement, the trial court sentenced appellant to concurrent sentences of five years' confinement in the Institutional Division of the Texas Department of Criminal Justice, but suspended the sentences and placed appellant on community supervision for five years. We dismiss the appeals because the appellant waived her right to appeal both cases.

The trial court entered certifications of the defendant's right to appeal in which the court certified that appellant waived her right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's certifications are included in the records on appeal. See Tex. R. App. P. 25.2(d). The records support the trial court's certifications. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Appellant's waiver reflects that she entered into an agreement with the State after a jury found her guilty. Appellant waived the right of appeal knowing with certainty the punishment that would be assessed. See Blanco v. State, 18 S.W.3d 218, 219 (Tex. Crim. App. 2000) (holding waiver of right to appeal is valid if appellant knows with certainty the punishment that will be assessed).

Accordingly, we dismiss the appeals.

PER CURIAM Panel consists of Justices Christopher, McCally, and Busby. Do Not Publish — Tex. R. App. P. 47.2(b)


Summaries of

Davis v. State

State of Texas in the Fourteenth Court of Appeals
Jan 12, 2016
NO. 14-15-00344-CR (Tex. App. Jan. 12, 2016)
Case details for

Davis v. State

Case Details

Full title:NAYAJAH NIYA DAVIS, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jan 12, 2016

Citations

NO. 14-15-00344-CR (Tex. App. Jan. 12, 2016)