Eljohara Yinessa McNeal v. State

• Court: Court of Appeals of Texas
• Decided: October 1, 2009
• Docket: 14-09-00797-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 1, 2009.

mIn The

Fourteenth Court of Appeals

____________

NO. 14-09-00797-CR

ELJOHARA YINESSA MCNEAL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 1118958

M E M O R A N D U M   O P I N I O N

Appellant entered a “guilty” plea to murder.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on July 21, 2009, to confinement for 20 years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.   

Because appellant entered a plea of guilty pursuant to a plea bargain and the punishment assessed did not exceed the punishment recommended by the prosecutor, appellant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2), Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003). 

Accordingly, we dismiss the appeal. 

PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.

Do Not Publish C Tex.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