Carlos Guzman v. the State of Texas

Court of Appeals of Texas·Decided July 11, 2024·No. 14-24-00275-CR·Published

Opinion

Appeal dismissed and Memorandum Opinion filed July 11, 2024.

In The

Fourteenth Court of Appeals NO. 14-24-00275-CR

CARLOS GUZMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court Harris County, Texas

Trial Court Cause No. 1725294

MEMORANDUM OPINION

Appellant entered a guilty plea to a charge of murder. The trial court sentenced appellant to confinement for 45 years in the Institutional Division of the Texas Department of Criminal Justice. We dismiss the appeal.

The trial court entered a certification of the defendant’s right to appeal in which the court certified that appellant waived his right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court’s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court’s certification. See Dears

v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Appellant’s waiver reflects that he entered into an agreement with the State prior to trial in which he agreed to waive any right of appeal in exchange for the state giving up its right to a jury trial. That demonstrates appellant validly waived his right of appeal. See Lopez v. State, 595 S.W.3d 897, 900–01 (Tex. App.—Houston [14th Dist.] 2020, pet. ref’d).

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Zimmerer, and Hassan. Do Not Publish — Tex. R. App. P. 47.2(b).

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Related

Dears v. State
154 S.W.3d 610 (Court of Criminal Appeals of Texas, 2005)