Court of Civil Appeals of Texas, 2005

Kenneth Dustin Lane v. State

Kenneth Dustin Lane v. State
Court of Civil Appeals of Texas · Decided April 28, 2005

Kenneth Dustin Lane v. State

Opinion

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS


KENNETH DUSTIN LANE,


                            Appellant,


v.


THE STATE OF TEXAS,


                            Appellee.

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No. 08-05-00048-CR


Appeal from the


199th District Court


of Collin County, Texas


(TC# 199-81430-03)


O P I N I O N


           Appellant entered a guilty plea to the offense of possession of a controlled substance, namely: gamma hydroxybutyric acid on an amount more than 200 grams but less than four hundred grams. Pursuant to a plea bargain, the court assessed punishment at ten years’ imprisonment and a fine of $1,000. Because Appellant has no right to appeal, we dismiss.

           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 the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Furthermore, the trial court indicated in its certification that Appellant had waived his right to appeal, and this waiver is confirmed in the trial records. The trial court’s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d).

           Accordingly, we dismiss the appeal.

                                                                  RICHARD BARAJAS, Chief Justice

April 28, 2005


Before Barajas, C.J., McClure, and Chew, JJ.


(Do Not Publish)

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