Dismissed; Opinion Filed September 11, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-18-00701-CR

LARRY CHARLES WALKER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 195th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F17-76467-N

MEMORANDUM OPINION

Before Justices Myers, Evans, and Brown

Opinion by Justice Evans

Larry Charles Walker appeals his conviction for aggravated assault with a deadly weapon. 

On May 21, 2018, appellant entered into a plea agreement with the State, which included waiving 

his right to appeal. That same day, the trial court followed the plea agreement, found appellant 

guilty, and assessed punishment, enhanced by a prior felony conviction, at ten years in prison. The 

trial court prepared and signed a certification of the right to appeal, stating it was a “plea-bargain 

case” and appellant had no right to appeal. Appellant then filed his notice of appeal with this 

Court. We dismiss this appeal for want of jurisdiction.

A defendant in a criminal case has the right of appeal as set out in the code of criminal 

procedure and the rules of appellate procedure. See TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 

2018); TEX. R. APP. P. 25.2(a). Rule 25.2 provides that in “a plea-bargain case—that is, a case in 
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which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the 

punishment recommended by the prosecutor and agreed to by the defendant,” a defendant may 

appeal only “those matters that were raised by written motion filed and ruled on before trial,” or 

“after getting the trial court’s permission to appeal.” TEX.R. APP. P. 25.2(a)(2). 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,” thereby depriving this Court of 

jurisdiction over the appeal. Lundgren v. State, 434 S.W.3d 594, 599, 600 (Tex. Crim. App. 2014).

Appellant, who was represented by counsel, entered into a plea agreement with the State, 

agreeing to plead guilty and waive his right to appeal in exchange for the State’s recommendation 

that he receive ten years confinement. The plea agreement was signed by appellant, his trial 

counsel, the district attorney, and the trial court. On May 21, 2018, the trial court followed the 

plea bargain agreement, found appellant guilty, made an affirmative finding that appellant used or 

exhibited a deadly weapon, and assessed punishment at ten years in prison. The trial court’s 

certification of appellant’s right to appeal states this is a “plea-bargain case” and appellant has no 

right to appeal. Under these circumstances, appellant’s June 18 notice of appeal is ineffective to 

initiate the appellate process, and we lack jurisdiction over this appeal. See id.

We dismiss this appeal for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47.2(b)

180701F.U05

/David Evans/

DAVID EVANS

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

LARRY CHARLES WALKER, Appellant

No. 05-18-00701-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 195th Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. F17-76467-N.

Opinion delivered by Justice Evans, 

Justices Myers and Brown participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of 

jurisdiction. 

Judgment entered this 11th day of September, 2018.