Court of Civil Appeals of Texas, 2008

Jake Earl Hendrix v. State

Jake Earl Hendrix v. State
Court of Civil Appeals of Texas · Decided September 3, 2008

Jake Earl Hendrix v. State

Opinion

NO. 12-08-00215-CR



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS





JAKE EARL HENDRIX,

§
APPEAL FROM THE 273RD

APPELLANT



V.

§
JUDICIAL DISTRICT COURT OF



THE STATE OF TEXAS,

APPELLEE

§
SHELBY COUNTY, TEXAS





MEMORANDUM OPINION

PER CURIAM

Following a plea of guilty, Appellant was convicted of failing to register as a sex offender. Pursuant to a plea bargain, the trial court sentenced Appellant to imprisonment for two years. Appellant now seeks to appeal the judgment of conviction.

Ordinarily, "[i]n a plea bargain case ... a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." Tex. R. App. P. 25.2(a)(2). Although Rule 25.2(a)(2) gave Appellant a limited right to appeal his conviction, the record shows he executed a "Waiver of Appeal." The waiver recites that, after sentence was pronounced, Appellant conferred with his counsel, that he is fully aware of all statutory and constitutional rights in the cause, and voluntarily, knowingly, and intelligently waived his right to appeal.

As a result of executing the appeal waiver, Appellant waived any right to appeal he may have had under Rule 25.2(a)(2). Appellant therefore had no right to bring this appeal. Accordingly, the appeal is dismissed.

Opinion delivered September 3, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

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