David Joseph Rodriguez v. State

• Court: Court of Appeals of Texas
• Decided: October 1, 2009
• Docket: 14-09-00702-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 1, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00702-CR

DAVID JOSEPH RODRIGUEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

 Harris County, Texas

Trial Court Cause No. 901626

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to aggravated assault of a family member.  The trial court deferred adjudicating guilt and placed appellant on community supervision for a term of six years.  Subsequently, the State moved to adjudicate guilt.  Appellant entered a plea of true to the motion.  The trial court adjudicated guilt and on July 23, 2009, sentenced appellant to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice and assessed a $500.00 fine.  Appellant filed a pro se notice of appeal.  We dismiss the appeal. 

The record reflects appellant waived his right of appeal as part of his agreement to plead true to the motion to adjudicate guilt.  In exchange, the State recommended appellant be sentenced to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice and fined $500.00.  Negotiated waivers of the right of appeal are valid if the defendant waived the right of appeal knowing with certainty the punishment that would be assessed.  See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003).  Appellant was fully aware of the likely consequences when he waived his right to appeal and was sentenced by the trial court in accordance with the State=s  recommendation.  See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000). 

Accordingly, we dismiss the appeal.        

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.

Do Not Publish C Tex.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