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Craig Darrell Penner v. State
Citation: Not availableDocket: 01-04-00495-CR
Court: Court of Appeals of Texas; June 17, 2004; Texas; State Appellate Court
Original Court Document: View Document
Craig Darrell Penner pleaded no contest to the offense of indecency with a child and was sentenced to two years of confinement as per a plea bargain with the State. He subsequently filed a notice of appeal. However, the Court of Appeals for the First District of Texas dismissed the appeal due to lack of jurisdiction. In plea-bargained cases where the punishment does not exceed the plea agreement, defendants can only appeal issues raised by written motion prior to trial or with the trial court's permission. The trial court's certification indicated that this was a plea-bargained case and that Penner had no right to appeal, which was supported by the record. Additionally, it was noted that Penner had waived his right to appeal, referencing Buck v. State. Consequently, the appeal was dismissed for lack of jurisdiction. The decision was made by a panel consisting of Justices Nuchia, Alcala, and Higley and was not intended for publication.