Mitchell
v.
State

This case is not covered by Casetext's citator
Court of Appeals of Texas, Third District, AustinJul 14, 2009
Nos. 03-09-00327-CR, 03-09-00328-CR (Tex. App. Jul. 14, 2009)

Nos. 03-09-00327-CR, 03-09-00328-CR

Filed: July 14, 2009. DO NOT PUBLISH.

Appealed from the District Court of Bell County, 27th judicial district, Nos. 63640 64163, Honorable Martha J. Trudo, Judge Presiding. Dismissed.

Before Chief Justice JONES, Justices WALDROP and HENSON.


MEMORANDUM OPINION


Steven Dwayne Mitchell was convicted on a plea of guilty to charges of evading arrest with a motor vehicle with a deadly weapon and possession of four grams or more but less than two hundred grams of a controlled substance. See Tex. Penal Code Ann. § 38.04 (West 2003) (evading arrest); Tex. Health Safety Code Ann. § 481.115 (West 2003). The court sentenced him to ten years and fourteen years in prison for the respective offenses, with the terms to be served concurrently. He now seeks to appeal. The trial court has certified that: (1) this is a plea bargain case and Mitchell has no right of appeal, and (2) Mitchell waived the right of appeal. The appeal is dismissed. See Tex. R. App. P. 25.2(a)(2), (d). At the trial court in both cases, Mitchell signed a document entitled Disclosure of Plea Recommendations. Mitchell was sentenced in accordance with the recommendations. At the trial court in both cases, Mitchell signed a document entitled Waiver of Motion for New Trial and Motion in Arrest of Judgment and Waiver of Right to Appeal that states in relevant part as follows: "COMES NOW the defendant in person and in open court together with his attorney and would show the court as follows: . . . (5) That he does not wish to appeal his conviction and expressly waives his right to appeal." Because a certification that appellant has a right to appeal has not been made part of the record, this appeal is dismissed. See Tex. R. App. P. 25.2(a)(2), (d).