Manuel Arcides Sorto v. State

Opinion

Dismissed and Memorandum Opinion filed January 26, 2006

Dismissed and Memorandum Opinion filed January 26, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-05-01224-CR

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MANUEL ARCIDES SORTO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

 Harris County, Texas

Trial Court Cause No. 990,498

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to murder.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on November 11, 2005, to confinement for thirty-five 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 record reflects appellant entered a plea of guilty in exchange for APSI Hearing/ cap at 35 yrs TDCJ-ID.@  An agreement to a punishment cap constitutes a plea bargain.  See Waters v. State, 124 S.W.3d 825, 826 (Tex.App.‑Houston [14th Dist.] 2003, pet. ref=d); see also Shankle v. State, 119 S.W.3d 808, 813 (Tex.Crim.App.2003).  Appellant was sentenced in accordance with the plea bargain.  The court did not grant appellant permission to appeal and the record does not reflect any matters raised by written motion were filed and ruled on before trial.  See Waters, 124 S.W.3d at 827.  Consequently, appellant does not have the right of appeal.

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 26, 2006.

Panel consists of Justices Fowler, Edelman, and Guzman.

Do Not Publish.