Jason Washington v. the State of Texas
Date Filed2023-12-28
Docket14-23-00438-CR
Cited0 times
StatusPublished
Full Opinion (html_with_citations)
Motion Granted; Appeal Dismissed and Memorandum Opinion filed
December 28, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00438-CR
JASON WASHINGTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 482nd District Court
Harris County, Texas
Trial Court Cause No. 1732961
MEMORANDUM OPINION
Appellant entered a guilty plea to the offense of money laundering. See Tex.
Penal Code Ann. § 34.02. In accordance with the terms of a plea-bargain
agreement with the State, the trial court assessed punishment at confinement for
twenty-five years in the Institutional Division of the Texas Department of Criminal
Justice. We dismiss the appeal.
The trial court signed a certification of the defendant’s right to appeal in
which the court certified that this is a plea bargain case, and the defendant has no
right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court’s certification is
included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports
the trial court’s certification. See Dears v. State, 154 S.W.3d 610, 615(Tex. Crim. App. 2005). When a defendant waives his right of appeal before entering an open plea of guilty, that waiver is binding if it was bargained for. See Ex parte Broadway,301 S.W.3d 694
, 697–98 (Tex. Crim. App. 2009). On August 28, 2023,
the State filed a motion to dismiss the appeal for want of jurisdiction because
appellant waived their right to appeal. On November 15, 2023, appellant filed a
response agreeing that the appellant waived his right to appeal and this court lacks
jurisdiction.
Accordingly, we grant the motion and dismiss the appeal.
PER CURIAM
Panel consists of Justices Bourliot, Zimmerer, and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b)
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