Michael James White v. State

• Court: Court of Appeals of Texas
• Decided: October 8, 2009
• Docket: 14-09-00746-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 8, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00745-CR

NO. 14-09-00746-CR

MICHAEL JAMES WHITE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause Nos. 1179009 & 1182640

M E M O R A N D U M   O P I N I O N

Appellant entered guilty pleas to two counts of aggravated robbery with a deadly weapon. Appellant and the State agreed that appellant=s punishment would not exceed confinement in prison for more than thirty years in each case. In accordance with the terms of this agreement with the State, the trial court sentenced appellant on July 30, 2009, to confinement for thirty years in each case in the Institutional Division of the Texas Department of Criminal Justice, with the sentences to be served concurrently. Appellant filed a timely, written notice of appeal for both cases. We dismiss these appeals. 

In each case, the trial court entered a certification of the defendant=s right to appeal in which the court certified that each is a plea bargain case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The record supports the trial court=s certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

An agreement that places a cap on punishment is a plea bargain for purposes of Texas Rule of Appellate Procedure 25.2(a)(2). 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, 826-27 (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).

Accordingly, we dismiss the appeals. 

PER CURIAM

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

Do Not Publish C Tex.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