Earnest Demark Frazier, Jr. v. State ( 2016 )

IN THE
TENTH COURT OF APPEALS
No. 10-16-00381-CR
EARNEST DEMARK FRAZIER, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 77th District Court
Limestone County, Texas
Trial Court No. 12331-A
MEMORANDUM OPINION
Appellant Earnest Demark Frazier, Jr., has filed a notice of appeal from the trial
court’s judgment of conviction against him for indecency with a child by exposure. The
trial court’s certification of defendant’s right of appeal indicates that Frazier waived his
right of appeal and that this “is a plea-bargain case, and the defendant has NO right of
appeal.” This appeal is therefore dismissed.1 See TEX. R. APP. P. 25.2(d); Chavez v. State,
1A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered.
See TEX. R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a
183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals … must dismiss a
prohibited appeal without further action, regardless of the basis for the appeal.”); Davis
v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed November 23, 2016
Do not publish
[CR25]
petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30
days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for
rehearing was overruled by the court of appeals. See TEX. R. APP. P. 68.2(a).
Frazier v. State Page 2