Charles Ray Baker v. State of Texas ( 2010 )

Opinion filed November 18, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00296-CR

                                                    __________

                                CHARLES RAY BAKER, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 249th District Court

                                                          Johnson County, Texas

                                                    Trial Court Cause No. F43766

                                            M E M O R A N D U M    O P I N I O N

            Charles Ray Baker has filed in this court a pro se motion to dismiss his appeal.  In his motion, appellant states that there has been some confusion as to this case.  Appellant wants to pursue a postconviction writ of habeas corpus and apparently did not intend for his pro se request to trigger a State appeal.  We also note that the trial court stated in its certification of appellant’s right to appeal that appellant had waived his right to appeal and that this was a plea bargain agreement situation with no right to appeal.

            The motion is granted, and the appeal is dismissed.

November 18, 2010                                                                PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.