Montoya, Ivan v. State

• Court: Court of Appeals of Texas
• Decided: December 23, 2004
• Docket: 14-04-01056-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 23, 2004

Dismissed and Memorandum Opinion filed December 23, 2004.

In The

Fourteenth Court of Appeals

____________

NOS. 14-04-01055-CR;

         14-04-01056-CR

IVAN DARIO MONTOYA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause Nos. 926,350 & 957,095

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to two counts of indecency with a child.^[1]  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on August 20, 2004, to 10 years of confinement in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $2500, with the sentence suspended and appellant placed on community supervision for 10 years.   Appellant filed notices of appeal in each cause.  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 these are plea bargain cases, and the defendant has no right of appeal.  See Tex. R. App. P. 25.2(a)(2).  The trial court’s certifications are included in the records on appeal.  See Tex. R. App. P. 25.2(d).

Accordingly, we dismiss the appeals. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 23, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish — Tex.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

---

^[1]  The plea agreement was reached after the jury had returned a verdict of guilty, but before the jury had completed deliberations on punishment.  The trial judge withdrew the case from the jury and approved the plea agreement and sentenced appellant in accordance with the State’s recommendation as to punishment.