Gutierrez, Mark Anthony v. State

• Court: Court of Appeals of Texas
• Decided: September 23, 2004
• Docket: 14-04-00761-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 23, 2004

Dismissed and Memorandum Opinion filed September 23, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00761-CR

MARK ANTHONY GUTIERREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 972,824

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, the trial court sentenced appellant on July 21, 2004, to confinement for three 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 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 September 23, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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