Michael Dwayne Dowdy v. State

• Court: Court of Appeals of Texas
• Decided: February 2, 2006
• Docket: 14-06-00038-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 2, 2006

Dismissed and Memorandum Opinion filed February 2, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00038-CR

MICHAEL DWAYNE DOWDY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 960,042

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of aggravated sexual assault of a child. On March 10, 2004, the trial court entered an order deferring adjudication of guilt and placing appellant on six years of community supervision.  The State subsequently filed a motion to adjudicate.  Appellant signed his agreement to the State=s stipulation of evidence.  As part of this stipulation, appellant agreed to waive his right of appeal.  On December 1, 2005, the trial court sentenced appellant to confinement for fifteen 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 does not support the trial court=s certification that this is a plea bargain case, but the record does affirmatively show that appellant waived the right of appeal. 

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 2, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.

Do Not Publish C Tex.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