Justin Trumon Jackson v. State

• Court: Court of Appeals of Texas
• Decided: August 10, 2006
• Docket: 14-06-00565-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 10, 2006

Dismissed and Memorandum Opinion filed August 10, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00565-CR

JUSTIN TRUMON JACKSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court

Washington County, Texas

Trial Court Cause No. 14,562

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to aggravated robbery.  As part of the plea agreement, the state agreed to recommend a maximum sentence of confinement for twenty years.  See Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (stating sentence‑bargaining may be for recommendations to the court on sentences, including a recommended Acap@ on sentencing);  Waters v. State, 124 S.W.3d 825, 826 (Tex. App.CHouston [14th Dist.] 2003, pet. ref=d) (holding that a conviction based on an agreement capping punishment is subject to restrictions on appeals from plea bargains).  As part of appellant=s plea agreement, he executed a separate waiver of his right of appeal.  On April 18, 2006, the trial court sentenced appellant to confinement for eighteen years in the Institutional Division of the Texas Department of Criminal Justice and ordered restitution in the amount of $4,664.10.  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 10, 2006.

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

Do Not Publish C Tex.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