Rosendo Arroyo v. State

NO. 12-02-00223-CR



IN THE COURT OF APPEALS



TWELFTH COURT OF APPEALS DISTRICT



TYLER, TEXAS

ROSENDO ARROYO,§ APPEAL FROM THE 114TH

APPELLANT



V.§ JUDICIAL DISTRICT COURT OF



THE STATE OF TEXAS,

APPELLEE§ SMITH COUNTY, TEXAS

MEMORANDUM OPINION

Rosendo Arroyo ("Appellant") appeals his conviction for engaging in organized criminal activity, for which he was sentenced to imprisonment for forty-five years and fined five thousand dollars. Appellant raises two issues on appeal. We dismiss for want of jurisdiction.



Background

Appellant was charged with engaging in organized criminal activity (1) and pleaded guilty. The trial court sentenced Appellant to imprisonment for forty-five years and fined Appellant five thousand dollars. Following the trial court's assessment of punishment, Appellant waived his right to appeal. Appellant filed this appeal without receiving permission from the trial court to do so.



Waiver of Right to Appeal

Appellant waived his right to appeal in writing. Appellant was admonished and there is no indication in the record that Appellant requested or that the trial court granted Appellant permission to appeal. As such, we are without jurisdiction to consider Appellant's appeal. See Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003).



Conclusion

Since Appellant made an informed waiver of his right to appeal, we dismiss Appellant's appeal for want of jurisdiction.







SAM GRIFFITH

Justice





Opinion delivered July 23, 2003.

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











































(DO NOT PUBLISH)

1.

See Tex. Pen. Code. Ann. § 71.02(a) (Vernon 2003).