Haxan Waldell Palmer v. State ( 2020 )

DISMISS; Opinion Filed March 11, 2020
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00026-CR
HAXAN WALDELL PALMER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F18-58280-T
MEMORANDUM OPINION
Before Justices Bridges, Molberg, and Carlyle
Opinion by Justice Carlyle
After a jury found him guilty of the first-degree felony offense of compelling
prostitution of a child, Haxan Waldell Palmer entered into a written plea bargain
agreement with the State which appears in the record. The State agreed to
recommend a seven-year sentence in exchange for Mr. Palmer waiving his right to
appeal. Mr. Palmer confirmed this agreement in open court. The trial court followed
the agreement, sentenced Mr. Palmer to seven years in prison, and certified that Mr.
Palmer had waived his right to appeal.
Mr. Palmer filed a pro se notice of appeal with this Court. Mr. Palmer declined
appointment of counsel, stating he intended to represent himself on appeal.
Nevertheless, the trial court appointed standby counsel. This Court questioned its
jurisdiction. Standby counsel and the State agreed we lacked jurisdiction because
appellant waived his right to appeal in exchange for the seven-year sentence. Mr.
Palmer did not address the jurisdictional question but filed a brief challenging the
trial court’s judgment and asking us to overturn his conviction.
When an appellant waives his right to appeal as part of a plea bargain
agreement with the State, as Mr. Palmer did here, a subsequent notice of appeal fails
to “initiate the appellate process,” and this Court has no jurisdiction. Lundgren v.
State, 434 S.W.3d 594, 599, 600 (Tex. Crim. App. 2014). If a court of appeals lacks
jurisdiction, it must dismiss the appeal. See Jones v. State, 488 S.W.3d 801, 808
(Tex. Crim. App. 2016).
We dismiss this appeal for want of jurisdiction.
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200026F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
HAXAN WALDELL PALMER, On Appeal from the 283rd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F18-58280-T.
No. 05-20-00026-CR V. Opinion delivered by Justice Carlyle.
Justices Bridges and Molberg
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered this 11th day of March, 2020.
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