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Heywood v. State

State of Texas in the Fourteenth Court of Appeals
Jan 30, 2018
NO. 14-17-00414-CR (Tex. App. Jan. 30, 2018)

Opinion

NO. 14-17-00414-CR

01-30-2018

JAMARR RALPHELLE HEYWOOD, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 351st District Court Harris County, Texas
Trial Court Cause No. 1500295

MEMORANDUM OPINION

A jury found appellant guilty of aggravated assault with a deadly weapon. After the verdict, appellant and the State entered into an agreement as to sentencing. The terms of the agreement also included that appellant waived the right to appeal. In accordance with the terms of the agreement, the trial court sentenced appellant to thirty years' confinement in the Institutional Division of the Texas Department of Criminal Justice.

The trial court entered a certification of the defendant's right to appeal in which the court certified that this is a plea bargain case and defendant's has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court's certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). The record reflects that appellant entered into an agreement with the State after a jury found him 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, 220 (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 appeal.

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Do Not Publish — Tex.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


Summaries of

Heywood v. State

State of Texas in the Fourteenth Court of Appeals
Jan 30, 2018
NO. 14-17-00414-CR (Tex. App. Jan. 30, 2018)
Case details for

Heywood v. State

Case Details

Full title:JAMARR RALPHELLE HEYWOOD, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jan 30, 2018

Citations

NO. 14-17-00414-CR (Tex. App. Jan. 30, 2018)