James Thomas Burke v. State

• Court: Court of Appeals of Texas
• Decided: January 26, 2006
• Docket: 14-05-01010-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 26, 2006

Dismissed and Memorandum Opinion filed January 26, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01010-CR

JAMES THOMAS BURKE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1009735

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 aggravated assault.  In accordance with the terms of a plea bargain agreement with the State, the trial court placed appellant on  ten years of deferred adjudication community supervision and assessed a fine of $500.  The State subsequently moved to adjudicate guilt.  On August 26, 2005, appellant signed a stipulation of evidence and, as part of the stipulation, agreed to waive any right of appeal. On August 26, 2005, the trial court sentenced appellant to two years= confinement in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $500.  Despite having waived the right of appeal, appellant filed a pro se notice of appeal.  We dismiss the appeal. 

The trial court entered a certification of the defendant=s right to appeal in which the court certified that defendant had waived his 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).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 26, 2006.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish.