Brandon Heath Gutierrez v. State

• Court: Court of Appeals of Texas
• Decided: September 21, 2006
• Docket: 14-06-00708-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 21, 2006

Dismissed and Memorandum Opinion filed September 21, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00708-CR

BRANDON HEATH GUTIERREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause No. 1044270

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to intoxication manslaughter with a vehicle.  The trial court sentenced appellant on July 13, 2006, to confinement for twelve years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.  We dismiss the appeal. 

The record reflects that the State agreed to a cap on punishment at confinement for twelve years in the Institutional Division of the Texas Department of Criminal Justice.  A conviction based on an agreement that puts a cap on punishment for the charged offense is subject to the restrictions on appeals from plea bargains pursuant to Tex. R. App. P. 25.2.  See Waters v. State, 124 S.W.3d 825, 826 (Tex. App. B Houston [14th Dist.] 2003, pet. ref=d).  The trial court sentenced appellant to confinement for a term within the agreed-to cap on punishment.  Accordingly, the case is a plea-bargain.

The trial court entered a certification of the defendant=s right to appeal in which the court certified that the defendant has waived the right of appeal.  See Tex. R. App. P. 25.2(a)(2).  We have reviewed the record and conclude this is a plea bargain case and the defendant has no right of appeal.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005); Waters, 124 S.W.3d at 826-827.  Because we lack jurisdiction, the appeal is dismissed.

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 21, 2006.

Panel consists of Justices Fowler, Edelman and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b)