Gachette, John v. State

• Court: Court of Appeals of Texas
• Decided: February 12, 2004
• Docket: 14-03-01411-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 12, 2004

Dismissed and Memorandum Opinion filed February 12, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01411-CR

JOHN GACHETTE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 917,726

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.  In accordance with the terms of a plea bargain agreement with the State, on April 25, 2003, the trial court deferred a finding of guilt and placed appellant on community supervision for three years, ordered appellant to complete 200 hours of community supervision, and assessed a find of $200.00, and set other conditions of probation.  On June 12, 2003, the State moved  to adjudicate appellant=s guilt.  On December 4, 2003, appellant entered a plea of true to the State=s motion and signed a written waiver of his right of appeal.  The trial court signed a judgment adjudicating guilt on December 4, 2003, and in accordance with the terms of a plea bargain agreement with the State, the court sentenced appellant to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.  Because appellant has no right to appeal, we dismiss. 

The trial court entered a certification of the defendant=s right to appeal in which the court certified that 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).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 12, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.

Do Not Publish C Tex.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