Dean Richard Cunningham v. State

NO. 12-14-00120-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS DEAN RICHARD CUNNINGHAM, § APPEAL FROM THE 2ND APPELLANT V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § CHEROKEE COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant pleaded guilty to failure to register as a sex offender. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced Appellant to imprisonment for seven years. Appellant filed a notice of appeal. We have received the trial court's certification showing that this is a plea bargain case and Appellant has no right to appeal. See TEX. R. APP. P. 25.2(d). The certification also states that Appellant waived his right to appeal. The certification is signed by Appellant and his trial counsel. The clerk’s record supports the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex Crim. App. 2005). Therefore, this court does not have jurisdiction of the appeal, and the appeal must be dismissed. Accordingly, the appeal is dismissed for want of jurisdiction. Opinion delivered June 25, 2014. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JUNE 25, 2014 NO. 12-14-00120-CR DEAN RICHARD CUNNINGHAM, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 2nd District Court of Cherokee County, Texas (Tr.Ct.No. 19,147) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.