Clarence Gilder v. State

• Court: Court of Appeals of Texas
• Decided: March 12, 2009
• Docket: 14-09-00048-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 12, 2009

Dismissed and Memorandum Opinion filed March 12, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00048-CR

CLARENCE GILDER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1132293

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of Aguilty@ to aggravated robbery with a deadly weapon in exchange for a cap on punishment of forty years.  This constitutes a plea bargain as contemplated by Tex. R. App. P. 25.2(a)(2).  See Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (An agreement to a punishment cap constitutes a plea bargain.) In accordance with the terms of the plea bargain agreement with the State, the trial court sentenced appellant on January 7, 2009, to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a 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

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex.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