Joseph Oscar Nowalk v. State

• Court: Court of Appeals of Texas
• Decided: March 25, 2010
• Docket: 14-10-00135-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 25, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00135-CR

JOSEPH OSCAR NOWALK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1194730

MEMORANDUM OPINION

Appellant entered a “guilty” plea to aggravated assault with a deadly weapon.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on January 6, 2010, to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice.  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 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).  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

Panel consists of Justices Frost, Boyce, and Sullivan.

Do Not Publish C Tex.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