Shawnte D. Marsh v. State

 

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00074-CR

 

Shawnte D. Marsh,

                                                                      Appellant

 v.

 

The State of Texas,

                                                                      Appellee

 

 

 


From the 77th District Court

Limestone County, Texas

Trial Court No. 10697-A

 

MEMORANDUM  Opinion

 


          Shawnte D. Marsh pleaded guilty to theft of property valued at $1,500 or more but less than $20,000.  Pursuant to a plea agreement, the court sentenced him to eighteen months’ confinement in a state jail.  Marsh filed a notice of appeal pro se.

          The certification of Marsh’s right to appeal recites that this is a plea-bargain case and Marsh has no right of appeal.  There are no pre-trial motions in the record other than Marsh’s application for bench warrant[1] and his application for court-appointed counsel, both of which were granted.  In addition, Marsh and his counsel signed two separate documents which appear in the clerk’s record and in which he waived the right of appeal.

          The Clerk of this Court notified Marsh that the appeal is subject to dismissal for these reasons and that the appeal may be dismissed if a response showing grounds for continuing the appeal was not filed within twenty-one days.  No response has been received.

          Because Marsh suffered no adverse rulings on written, pretrial motions, because he does not have the trial court’s permission to appeal, and because he waived the right of appeal, we dismiss the appeal.  See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed May 10, 2006

Do not publish

[CR25]

 



[1]           Marsh filed an application for bench warrant requesting that a warrant be issued to transport him from the Collin County jail to Limestone County to answer the theft charges to which he pleaded guilty in this case.