Orrick Nero v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-04-00081-CR ______________________________ ORRICK NERO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 114th Judicial District Court Smith County, Texas Trial Court No. 241-1710-03 Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION On March 5, 2004, Orrick Nero pled guilty to possession of cocaine in an amount greater than 200 grams but less than 400 grams, a first degree felony. See Tex. Health & Safety Code Ann. § 481.115(a), (e) (Vernon 2003). There was no negotiated plea agreement in this case; instead, Nero submitted the issue of punishment to the trial court's discretion. The trial court accepted Nero's plea, heard evidence and argument regarding punishment, and then sentenced Nero to thirty years' imprisonment. Following the pronouncement of the sentence, Nero signed a document titled "WAIVER OF MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT AND WAIVER OF RIGHT TO APPEAL," which he submitted to the trial court. Nero states in his waiver, "That he does not wish to appeal his conviction[,] and expressly waives his right to appeal." Nero also orally waived his right to appeal before the trial court. And the trial court's certification reflects Nero waived his right to appeal. See Tex. R. App. P. 25.2(d). A criminal defendant may waive many rights, including one's right to appeal. Walton v. State, 92 S.W.3d 845, 846 (Tex. App.—Texarkana 2002, no pet.). "A knowing and intelligent waiver of the right to appeal is binding on the defendant and prevents him from appealing any issue in the cause without the consent of the court." Id. "The proper disposition of such a case is not a dismissal for want of jurisdiction, because the waiver does not affect our jurisdiction. Rather, it prevents the defendant from bringing the appeal." Id. Accordingly, we dismiss Nero's appeal. Jack Carter Justice Date Submitted: December 21, 2004 Date Decided: December 22, 2004 Do Not Publish We affirm the judgment. Jack Carter Justice Date Submitted: January 6, 2005 Date Decided: January 7, 2005 Do Not Publish