Montano, Edward v. State

• Court: Court of Appeals of Texas
• Decided: December 18, 2003
• Docket: 14-03-01168-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 18, 2003

Dismissed and Memorandum Opinion filed December 18, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01168-CR

EDWARD MONTANO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 950,747

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea, without an agreed recommendation as to punishment, to aggravated robbery.  On October 16, 2003, the trial court sentenced appellant to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice.  When appellant entered the guilty plea, he signed a written waiver of the right of appeal.  Appellant filed a written notice of appeal.  Because appellant waived the right to appeal and the trial court did not grant permission to appeal, we dismiss.  See Monreal v. State, 99 S.W.3d 615, 622 (Tex. Crim. App. 2003). 

The trial court entered a certification of the defendant=s right to appeal in which the court certified that appellant waived the 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 December 18, 2003.

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

Do Not Publish C Tex.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