Dismiss and Opinion Filed January 31, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00053-CR
RAY TREVINEO MARTINEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F13-33091-I
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Evans
Opinion by Chief Justice Wright
Ray Trevineo Martinez pleaded guilty to felony driving while intoxicated and pleaded
true to two enhancement paragraphs. Pursuant to a plea agreement, the trial court assessed
punishment at twenty-five 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.1
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140053F.U05
1
The section of the trial court’s judgment dealing with the enhancement paragraphs has “n/a” as to both the pleas and findings. Based on
the documents before the Court, the “n/a” notations are incorrect. Ordinarily, the Court would modify the judgment to correct the clerical errors.
However, because we have no jurisdiction over the appeal, we cannot modify the judgment. The error can be corrected by the trial court with a
judgment nunc pro tunc.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RAY TREVINEO MARTINEZ, Appellant On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
No. 05-14-00053-CR V. Trial Court Cause No. F13-33091-I.
Opinion delivered by Chief Justice Wright,
THE STATE OF TEXAS, Appellee Justices Myers and Evans participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered January 31, 2014
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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