Mitchell, Joshua Dwayne v. State

• Court: Court of Appeals of Texas
• Decided: October 21, 2004
• Docket: 14-04-00924-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 21, 2004

Dismissed and Memorandum Opinion filed October 21, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00924-CR

JOSHUA DWAYNE MITCHELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 982,856

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 theft.  In accordance with the terms of a plea bargain agreement with the State,^[1] the trial court sentenced appellant on August 19, 2004, to confinement for 35 years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.  Because appellant has no right to appeal, we dismiss. 

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).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 21, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex.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

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^[1]   The plea bargain documents reveal appellant pled guilty without an agreed recommendation from the State on sentencing, but the State agreed to a cap on punishment of 35 years= confinement.