Christopher Edgar Elam v. State

• Court: Court of Appeals of Texas
• Decided: February 9, 2006
• Docket: 14-05-00710-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 9, 2006

Dismissed and Memorandum Opinion filed February 9, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00710-CR

CHRISTOPHER EDGAR ELAM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 878,024

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of possession with intent to manufacture or deliver a controlled substance.  On February 1, 2002, the trial court entered an order deferring adjudication of guilt and placing appellant on deferred adjudication community supervision for seven years.  The State subsequently moved to adjudicate guilt.  On June 21, 2005, appellant signed his agreement to the State=s stipulation of evidence.  As part of this stipulation, appellant agreed that he understood he could not appeal if the trial court followed the State=s recommendation regarding punishment, unless the trial court gave permission to appeal.  In accordance with the State=s recommendation in the stipulation, the trial court sentenced appellant on June 21, 2005, to confinement for seven years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $500.  No permission to appeal was granted.  Appellant filed a pro se notice of appeal.  We dismiss the appeal. 

The trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no 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).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 9, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish.CTex. R. App. P. 47.2(b).