Josue Sandoval v. State

• Court: Court of Appeals of Texas
• Decided: January 10, 2008
• Docket: 14-07-01000-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 10, 2008

Dismissed and Memorandum Opinion filed January 10, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-01000-CR

JOSUE SANDOVAL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1055431

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to aggravated sexual assault of a child  In accordance with the terms of a plea bargain agreement with the State, on July 7, 2006, the trial court deferred a finding of guilt and placed appellant on community supervision for five years and assessed a fine of $250.  After finding the allegations in the State=s motion to adjudicate true, the trial court adjudicated appellant=s guilt and  sentenced him on October 29, 2007, to confinement for seven years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $250.  As part of appellant=s stipulation of evidence, he waived any right of appeal with the understanding that the prosecutor would recommend a seven-year sentence.  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 January 10, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex.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