Gato, Rene D. v. State
This text of Gato, Rene D. v. State (Gato, Rene D. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Memorandum Opinion filed November 12, 2004.
In The
Fourteenth Court of Appeals
____________
NO. 14-04-00893-CR
RENE D. GATO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 344th District Court
Chambers County, Texas
Trial Court Cause No. 12385
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 unlawful possession of a controlled substance. In the plea bargain document, the State recommended a Acap@ on punishment of thirteen years= imprisonment. An agreement that puts a Acap@ on the punishment for the charged offense is an agreed recommendation that constitutes a plea bargain. Perez v. State, 129 S.W.3d 282, 286 (Tex. App.BCorpus Christi 2004, no pet.)(citing Shankle v. State, 119 S.W.3d 808 (Tex. Crim. App. 2003) and Threadgill v. State, 120 S.W.3d 871 (Tex. App.BHouston [1st Dist.] 2003, no pet.). See also Waters v. State, 124 S.W.3d 825, 826 (Tex. App.BHouston [14th Dist.] 2003, pet. ref=d)(holding that a conviction based on an agreement that puts a cap on punishment for the charged offense is subject to the restrictions on appeals from plea bargains in Rule 25.2). In accordance with the terms of the plea bargain agreement with the State, the trial court sentenced appellant on August 6, 2004, to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice and assessed a $1,500.00 fine. Appellant filed a 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 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).
Accordingly, we dismiss the appeal.
PER CURIAM
Judgment rendered and Memorandum Opinion filed November 12, 2004.
Panel consists of Justices Anderson, Hudson, and Frost.
Do Not Publish C Tex. R. App. P. 47.2(b).
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