Van B. Nichols v. State
Van B. Nichols v. State
Opinion
Dismiss and Opinion Filed January 29, 2014.
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00057-CR VAN B. NICHOLS a/k/a BENNIE EARL NICHOLS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F13-59788-H MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice Lang Van B. Nichols pleaded guilty to burglary of a vehicle, having two prior burglary of a vehicle convictions and true to two enhancement paragraphs alleging two prior non-state jail felony convictions. See TEX. PEN. CODE ANN. §§ 12.425(b), 30.04(a), (d)(2)(A) (West 2011 & Supp. 2013). Pursuant to a plea agreement, the trial court assessed punishment at four years’ imprisonment. Appellant waived his right to appeal as part of the plea agreement. See Blanco v. State, 18 S.W.3d 218, 219–20 (Tex. Crim. App. 2000). The trial court certified both that the case involves a plea bargain and appellant has no right to appeal and that appellant waived his right to appeal. See TEX. R. APP. P. 25.2(a)(2), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005).
We dismiss the appeal for want of jurisdiction.
/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 140057F.U05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT VAN B. NICHOLS a/k/a BENNIE EARL On Appeal from the Criminal District Court NICHOLS, Appellant No. 1, Dallas County, Texas Trial Court Cause No. F13-59788-H.
No. 05-14-00057-CR V. Opinion delivered by Justice Lang, Justices FitzGerald and Fillmore participating.
THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered this 29th day of January, 2014.
/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE
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