DISMISS; and Opinion Filed February 13, 2017.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00038-CR
LAQUONCY DESHARD ELLIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
Kaufman County, Texas
Trial Court Cause No. 14-90517-CC2-F
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Schenck
Opinion by Justice Schenck
The State charged Laquoncy Deshard Ellis with felony driving while intoxicated (having
been twice before convicted of offenses relating to operating a motor vehicle while being
intoxicated). See TEX. PENAL CODE ANN. § 49.09(b) (West Supp. 2016). Appellant pleaded guilty
pursuant to a negotiated plea agreement with the State. The trial court accepted appellant’s plea
and sentenced him to eighteen years in prison and a $5,000 fine. Appellant then filed this appeal.
On January 19, 2017, the clerk’s record was filed. A week later, we notified appellant
that after reviewing the clerk’s record, we had concerns about our jurisdiction. We specifically
noted that it appeared appellant had waived his right to appeal in conjunction with the plea
bargain agreement. We instructed appellant to file a response to our letter. On February 6, 2017,
appellant filed his response, conceding that we lacked jurisdiction.
The clerk’s record contains the negotiated plea agreement with the State. Under the terms
of the agreement, appellant pleaded guilty and the State agreed to an eighteen-year sentence and
a $5,000 fine. The trial court followed the terms of the plea agreement. Thus, appellant waived
his right to appeal. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000).
Furthermore, the trial court’s rule 25.2(d) certification states (1) the case involves a plea bargain
and appellant has no right to appeal and (2) appellant has waived the right to appeal. The
certification is supported by the documents before the Court. See Dears v. State, 154 S.W.3d
610, 615 (Tex. Crim. App. 2005).
In light of the above, we dismiss this appeal for want of jurisdiction.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
170038F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LAQUONCY DESHARD ELLIS, Appellant On Appeal from the County Court at Law
No. 2, Kaufman County, Texas
No. 05-17-00038-CR V. Trial Court Cause No. 14-90517-CC2-F.
Opinion delivered by Justice Schenck,
THE STATE OF TEXAS, Appellee Justices Lang and Fillmore participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 13th day of February, 2017.
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