Preston Allen v. the State of Texas

Appeal Dismissed and Memorandum Opinion filed September 26, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00570-CR

PRESTON ALLEN, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 1853736

MEMORANDUM OPINION

Appellant pleaded guilty to theft. See Tex. Penal Code Ann. § 31.03. In
accordance with the terms of a plea-bargain agreement with the State, the trial
court assessed punishment at confinement for 250 days Harris County Jail. See
Tex. Penal Code Ann. § 12.44(a). 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 19, 2024, notification was transmitted to all parties the appeal
was subject to dismissal without further notice for want of jurisdiction. Appellant
did not file a response.

Accordingly, we dismiss the appeal.

PER CURIAM
Panel consists of Justices Spain, Poissant, and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b)

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