Javier Ovidio Pena v. State

• Court: Court of Appeals of Texas
• Decided: August 2, 2007
• Docket: 14-07-00573-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 2, 2007

Dismissed and Memorandum Opinion filed August 2, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00573-CR

JAVIER OVIDIO PENA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

 Harris County, Texas

Trial Court Cause No. 995955

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to indecency with a child.  In accordance with the terms of a plea bargain agreement with the State, the trial court deferred a finding of guilt and placed appellant on community supervision for five years.  After finding the allegations in the State=s motion to adjudicate true, the trial court adjudicated appellant=s guilt and sentenced him on May 25, 2007, to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $500.  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 the defendant waived the 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 August 2, 2007.

Panel consists of Justices Anderson, Fowler, and Frost.

Do Not Publish C Tex.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