ARTHUR VASQUEZ v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Chief Justice Wright

After a jury found Arthur Vasquez guilty of murder, he entered into an agreement with the State that punishment would be assessed at forty years' imprisonment and appellant would waive his right to appeal.   See Blanco v. State, 18 S.W.3d 218, 218–20 (Tex.Crim.App.2000).   The trial court sentenced appellant to forty years' imprisonment 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).

Appellant filed a motion for new trial seeking permission to appeal, asserting that his waiver of the right to appeal was involuntary.   On appeal, he challenges the trial court's order denying his motion for new trial on the ground his plea was involuntary.   Appellant's waiver of his right to appeal deprives us of jurisdiction to address appellant's complaint.   See Blanco, 18 S.W.3d at 220;  see also Cooper v. State 45 S.W.3d 77, 82–83 (Tex.Crim.App.2001) (claims regarding voluntariness of plea may be raised by application for writ of habeas corpus).

We dismiss the appeal for want of jurisdiction.

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

ARTHUR VASQUEZ, Appellant

No. 05–12–00354–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the 283rd Judicial District Court of Dallas County, Texas.  (Tr.Ct.No.F10–62372–T).

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

Judgment entered August 31, 2012.

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE

CAROLYN WRIGHT CHIEF JUSTICE