JERI CHARLEEN EVERETT v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Lang–Miers

Following a trial before the court, Jeri Charleen Everett was found guilty of possession of methamphetamine in an amount of one gram or more but less than four grams, in a drug free zone.   Appellant and the State thereafter entered an agreement as to punishment.   Pursuant to the agreement, the trial court assessed punishment at ten years' imprisonment, probated for four years, and a $1,500 fine.   In conjunction with the punishment agreement, appellant waived her right to

appeal.¹ See Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App.2000).   Accordingly, we dismiss the

appeal for want of jurisdiction.

111429F.U05

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

JERI CHARLEEN EVERETT, Appellant

No. 05–11–01429–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the Criminal District Court No. 7 of Dallas County, Texas.  (Tr.Ct.No.F09–34650–Y).

Opinion delivered by Justice Lang–Miers, Justices O'Neill and Richter participating.   Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered July 12, 2012.

/Elizabeth Lang–Miers/

ELIZABETH LANG–MIERS

JUSTICE

FOOTNOTES

FN1. The trial court's certification states the case does not involve a plea bargain and appellant has the right to appeal.   The record clearly shows appellant waived her right to appeal.   Therefore, the certification is not supported by the record before the Court.   See Dears v. State, 154 S.W.3D 610 (Tex.Crim.App.2005)..  FN1. The trial court's certification states the case does not involve a plea bargain and appellant has the right to appeal.   The record clearly shows appellant waived her right to appeal.   Therefore, the certification is not supported by the record before the Court.   See Dears v. State, 154 S.W.3D 610 (Tex.Crim.App.2005).

ELIZABETH LANG–MIERS JUSTICE