FRANCISCO JAVIER MEDELLIN v. THE STATE OF TEXAS

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Court of Appeals of Texas, Dallas.

FRANCISCO JAVIER MEDELLIN, Appellant v. THE STATE OF TEXAS, Appellee

No. 05-10-00924-CR

Decided: March 24, 2011

Before Justices Moseley, Richter, and Lang-Miers

MEMORANDUM OPINION

Francisco Javier Medellin entered a negotiated guilty plea to aggravated sexual assault.   The trial court assessed the agreed punishment of fifteen years' confinement.   As part of the plea agreement, appellant waived his right to appeal.   See Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App.2000).

The trial court issued a partially completed rule 25.2(d) certification.   The certification form was not filled out with the style or number of the case.   It bears the signatures of the trial judge, appellant, and trial counsel;  reflects the date of appellant's plea hearing;  and it shows that appellant has no right to appeal due to the plea bargain.   See Tex.R.App. P. 25.2.

A reporter's record was not filed in this case.   Pursuant to an order of this Court, the trial court conducted a hearing to determine why the record was not filed.   After the hearing, the trial court filed findings of fact that appellant waived his right to appeal as part of a plea bargain and the trial court has not given him permission to appeal.   The trial court recommended that the appeal be dismissed.   On December 31, 2010, this Court issued an order adopting the trial court's findings and recommendation.

The clerk's record supports the trial court's partial certification and findings of fact.   See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App.2005).   Appellant entered into a plea bargain agreement and waived his right to appeal.   The record does not contain any pretrial motions or rulings that would serve as a basis for appeal.   See Tex.R.App. P. 25.2(a)(2);  Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006) (explaining analysis courts of appeal undertake in determining appellate rights of plea-bargaining defendants).

We dismiss the appeal for want of jurisdiction.

PER CURIAM

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