WILLIE SALAZAR GARCIA v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Lang

A jury found Willie Salazar Garcia guilty of aggravated assault with a deadly weapon.   Thereafter, appellant and the State entered in a plea agreement in which appellant pleaded true to two enhancement paragraphs and they agreed punishment would be assessed at twenty-five years' imprisonment.   Appellant acknowledged orally to the trial court that in conjunction with the punishment agreement, he was waiving his right to appeal the conviction.   See Blanco v. State, 18 S.W.3d 218, 219 (Tex.Crim.App.2000).   The trial court sentenced appellant in accordance with the plea agreement and certified that appellant waived his right to appeal.   See Tex.R.App. P. 25.2(d), Dears v. State, 154 S.W.3d 610, 614–15 (Tex.Crim.App.2005).

In response to appellant's motion, this Court abated the appeal to allow appellant to ask the trial judge to grant permission to appeal.   Following a hearing, the trial judge denied appellant permission to appeal.   Appellant's waiver of his right to appeal leaves us without jurisdiction over the appeal.   See Blanco, 18 S.W.3d at 220.

We dismiss the appeal for want of jurisdiction.

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

WILLIE SALAZAR GARCIA, Appellant

No. 05–10–00779–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the 194th Judicial District Court of Dallas County, Texas.  (Tr.Ct.No.F09–33682–M).

Opinion delivered by Justice Lang, Justices Bridges and FitzGerald participating.   Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered March 30, 2012.

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE

DOUGLAS S. LANG JUSTICE