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Date: 01-11-2018

Case Style:

Michael Shawn Smith v. The State of Texas

Third Court of Appeals, Austin, Texas

Case Number: 03-17-00823-CR 03-17-00824-CR 03-17-00825-CR 03-17-00826-CR

Judge: Melissa Goodwin

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Plaintiff's Attorney:

Defendant's Attorney:

Description: Appellant Michael Shawn Smith pled guilty to two charges of burglary of a vehicle
with two or more previous convictions. See Tex. Penal Code § 33.04(a) (defining offense of
burglary of vehicle), (d)(2)(A) (elevating offense to state jail felony if defendant has been previously
convicted of burglary of vehicle two or more times). Pursuant to section 12.45 of the Penal Code,
the trial court took into account two additional charges of burglary of a vehicle with two or more
previous convictions when determining appellant’s sentence. See id. § 12.45 (allowing trial court
to take into account unadjudicated offenses when determining sentence for offense of which
defendant has been adjudicated guilty). Appellant subsequently filed a notice of appeal in each of
the four cases—the two cases relating to the adjudicated offenses that resulted in a judgment of
conviction as well as the two cases relating to the unadjudicated offenses that were considered by
the trial court in the sentencing for the adjudicated offenses.

Outcome: The trial court has certified in each of these cases that: (1) this is a plea bargain case and appellant has no right of appeal, and (2) appellant waived the right of appeal. Accordingly, the appeals are dismissed.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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