Summary
noting that Whittle waived his right to appeal in conjunction with his plea agreement
Summary of this case from Whittle v. StephensOpinion
No. 05-09-00925-CR
Opinion issued December 3, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F09-23785-N.
Before Justices MOSELEY, RICHTER, and FRANCIS.
MEMORANDUM OPINION
James Aaron Whittle pleaded guilty to continuous sexual abuse of a child younger than fourteen years of age. See Tex. Penal Code Ann. § 21.02 (b) (Vernon Supp. 2009). In accordance with a plea agreement, the trial judge sentenced appellant to imprisonment for twenty-five years. Appellant waived his right to appeal in conjunction with the plea agreement. See Blanco v. State, 18 S.W.3d 218 (Tex. Crim. App. 2000). The trial court's rule 25.2(d) certification, which states the case involves a plea bargain and appellant has no right to appeal, is supported by the record. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). The Court has before it the State's November 9, 2009 motion to dismiss the appeal for want of jurisdiction, to which appellant did not respond. After reviewing the record, we grant the motion. We dismiss the appeal for want of jurisdiction.