COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00333-CR
NO. 02-16-00334-CR
KERMIT ANTWOINE WOODS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NOS. 1430792D, 1429207D
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MEMORANDUM OPINION1
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Kermit Antwoine Woods attempts to appeal from his convictions and ten-
year concurrent sentences for felony driving while intoxicated and possession of
a controlled substance. See Tex. Health & Safety Code Ann. § 481.115(c) (West
2010); Tex. Penal Code Ann. §§ 49.04(a), 49.09(b) (West Supp. 2016).
Appellant entered a guilty plea in exchange for the State’s agreement
1
See Tex. R. App. P. 47.4.
to (1) waive the habitual offender paragraphs in both indictments and
(2) recommend a punishment of ten years’ confinement if appellant appeared on
the date set for sentencing having committed no new offenses.
After appellant filed his notices of appeal, we notified him that the trial
court’s certifications of his right to appeal state that these are plea bargain cases
and that he has no right of appeal. See Tex. R. App. P. 25.2(a)(2), 44.3.
Appellant’s counsel filed a timely response to our jurisdictional inquiry, arguing
that appellant had not agreed to the ten-year sentences but had only agreed that
the State could recommend ten years at sentencing. However, the court of
criminal appeals has held that a similar agreement fit within the definition of a
“plea bargain” for purposes of rule 25.2(d), and we are bound by its holding. See
State v. Moore, 240 S.W.3d 248, 253 (Tex. Crim. App. 2007); cf. Jones v. State,
488 S.W.3d 801, 808 (Tex. Crim. App. 2016) (noting that even if agreement
between State and defendant does not fit definition of “plea bargain” in rule
25.2(a)(2), such an agreement can operate to validly waive the defendant’s right
of appeal in certain circumstances).
2
Because appellant’s response does not show grounds for continuing the
appeals, we dismiss them both. See Tex. R. App. P. 25.2(d), 43.2(f).
/s/ Terrie Livingston
TERRIE LIVINGSTON
CHIEF JUSTICE
PANEL: LIVINGSTON, C.J.; WALKER and MEIER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 27, 2016
3