Ricky Pimienta v. State ( 2020 )

Dismiss and Opinion Filed October 28, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00904-CR
RICKY PIMIENTA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F19-12515-S
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Partida-Kipness
Opinion by Justice Partida-Kipness
On August 21, 2020, Ricky Pimenta signed a plea bargain agreement with the
State. Under the terms of the agreement, the State recommended a five-year sentence
in exchange for appellant pleading guilty to manufacturing more than four grams but
less than 200 grams of heroin and waiving his right to appeal. The trial court
followed the agreement, finding appellant guilty, assessing punishment at five years
in prison, and certifying this “is a plea-bargain case, and the defendant has NO right
of appeal” and that “the defendant has waived the right of appeal.” Appellant filed a
timely pro se notice of appeal with this Court.
When an appellant waives his right to appeal as part of his plea bargain
agreement with the State, a subsequent notice of appeal filed by him fails to “initiate
the appellate process” and deprives this Court of jurisdiction. Lundgren v. State, 434
S.W.3d 594, 599, 600 (Tex. Crim. App. 2014). If the court of appeals lacks
jurisdiction, it must dismiss the appeal. See Jones v. State, 488 S.W.3d 801, 808
(Tex. Crim. App. 2016).
The clerk’s record contains appellant’s plea bargain agreement, the trial
court’s judgment, and the trial court’s certification that appellant waived his right to
appeal. The plea bargain agreement states “With the Court’s approval, the defendant
herein states that he/she . . . [w]aives the right to appeal to the Court of Appeals.”
The plea bargain agreement was signed by appellant, his trial attorney, the State, and
the trial court.
Under these circumstances, we have no other alternative than to dismiss this
appeal for want of jurisdiction.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200904F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RICKY PIMIENTA, Appellant On Appeal from the 282nd Judicial
District Court, Dallas County, Texas
No. 05-20-00904-CR V. Trial Court Cause No. F19-12515-S.
Opinion delivered by Justice Partida-
THE STATE OF TEXAS, Appellee Kipness. Justices Schenck and
Osborne participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 28th day of October, 2020.
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