GEORGE THOMAS SHANNON v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Lang–Miers

George Thomas Shannon pleaded guilty to unlawful possession of a firearm by a felon.   Pursuant to a plea agreement, the trial court assessed punishment at eight years' imprisonment and a $2,500 fine.   Appellant waived his right to appeal in conjunction with the plea agreement.   See Blanco v. State, 18 S.W.3d 218, 218–20 (Tex.Crim.App.2000).   The trial court certified that appellant has no right to appeal.¹  See Tex.R.App. P. 25.2(d);  Dears v. State, 154 S.W.3d 610, 614–15 (Tex.Crim.App.2005).

We dismiss the appeal for want of jurisdiction.

Tex.R.App. P. 47

120693F.U05

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

GEORGE THOMAS SHANNON, Appellant

No. 05–11–00693–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the Criminal District Court No. 4 of Dallas County, Texas.  (Tr.Ct.No.F10–34559–K).

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

Judgment entered August 28, 2012.

/Elizabeth Lang–Miers/

ELIZABETH LANG–MIERS

JUSTICE

FOOTNOTES

FN1. Appellant filed a brief acknowledging the plea agreement and appellant's waiver of his right to appeal, but asks that we modify the trial court's judgment to include the fine that was orally pronounced.   Because we lack jurisdiction over the appeal, we cannot modify the judgment.   See Slaton v. State, 981 S.W.2d 208, 209 (Tex.Crim.App.1998) (per curiam) (When court has no jurisdiction over appeal, it has no authority to act.).   That omission of the fine from the judgment may be corrected by a judgment nunc pro tunc..  FN1. Appellant filed a brief acknowledging the plea agreement and appellant's waiver of his right to appeal, but asks that we modify the trial court's judgment to include the fine that was orally pronounced.   Because we lack jurisdiction over the appeal, we cannot modify the judgment.   See Slaton v. State, 981 S.W.2d 208, 209 (Tex.Crim.App.1998) (per curiam) (When court has no jurisdiction over appeal, it has no authority to act.).   That omission of the fine from the judgment may be corrected by a judgment nunc pro tunc.

ELIZABETH LANG–MIERS JUSTICE