Melanie Johnson v. State

• Court: Court of Appeals of Texas
• Decided: October 9, 2008
• Docket: 14-08-00569-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 9, 2008

Dismissed and Memorandum Opinion filed October 9, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00569-CR

MELANIE JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1114989

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of no contest/guilty to the offense of aggravated robbery.  Appellant and the State agreed that appellant=s punishment would not exceed confinement in prison for more than 15 years.  In accordance with the terms of this agreement with the State, the trial court sentenced appellant on June 27, 2008, to confinement for nine years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a timely, written 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).  An agreement that places a cap on punishment is a plea bargain for purposes of Texas Rule of Appellate Procedure 25.2(a)(2).  Waters v. State, 124 S.W.3d 825, 826-27 (Tex. App.CHouston [14th Dist.] 2003, pet. ref=d) (holding reviewing court lacked jurisdiction where defendant pled guilty with a sentencing cap of ten years, even though trial judge mistakenly certified defendant had right of appeal);  Threadgill v. State, 120 S.W.3d 871, 872 (Tex. App.CHouston [1st Dist.] 2003, no. pet.) (holding statement in record indicating that there was no agreed recommendation did not convert proceeding into an open plea where plea was entered pursuant to agreed sentencing cap);  see also 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).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 9, 2008.

Panel consists of Justices Yates, Seymore, and Boyce.

Do Not Publish C Tex.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