Tony Yuan Li v. State

DISMISS; and Opinion Filed January 10, 2014. Court of Appeals S In The Fifth District of Texas at Dallas No. 05-13-01654-CR TONY YUAN LI, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 5 Collin County, Texas Trial Court Cause No. 005-80397-2013 MEMORANDUM OPINION Before Justices O’Neill, Myers, and Brown Opinion by Justice Brown Tony Li pleaded guilty to assault involving family violence. Pursuant to a plea agreement, the trial court assessed punishment at 180 days’ confinement in jail, probated for eighteen months, and a $400 fine. Appellant waived his right to appeal as part of the plea agreement. 1 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(d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). 1 Appellant filed a combined motion to vacate his conviction and motion for new trial, which the trial court denied by written order on October 7, 2013. Appellant filed a motion to extend time to file his notice of appeal on December 2, 2013. Because of our disposition of the appeal, we deny the extension motion as moot. We dismiss the appeal for want of jurisdiction. /Ada Brown/ ADA BROWN JUSTICE Do Not Publish TEX. R. APP. P. 47 131654F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TONY YUAN LI, Appellant On Appeal from the County Court at Law No. 5, Collin County, Texas No. 05-13-01654-CR V. Trial Court Cause No. 005-80397-2013. Opinion delivered by Justice Brown, THE STATE OF TEXAS, Appellee Justices O’Neill and Myers participating. Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 10th day of January, 2014. /Ada Brown/ ADA BROWN JUSTICE –3–