Gonzales, Oliver MacHado v. State

• Court: Court of Appeals of Texas
• Decided: November 13, 2003
• Docket: 14-03-01005-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 13, 2003

Dismissed and Memorandum Opinion filed November 13, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01005-CR

OLIVER MACHADO GONZALES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 888,821

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to deadly conduct and received deferred adjudication pursuant to a plea bargain agreement with the State.  On May 30, 2003, the State filed a motion to adjudicate, and appellant pled true to the motion and reached a second plea bargain agreement with the State about punishment.  He also waived of the right to appeal should the court follow the State=s recommendation for punishment.  In accordance with the terms of the second plea agreement with the State, the trial court sentenced appellant to two years= confinement in the Texas Department of Criminal Justice C Institutional Division and a $500 fine.  Appellant filed a pro se notice of appeal.  Because appellant has no right of appeal, we dismiss. 

The trial court entered a certification of the defendant=s right to appeal in which the court certified that defendant has waived the right to 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 Opinion filed November 13, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.

Do Not Publish C Tex.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