Moye, Williams Henry v. State

• Court: Court of Appeals of Texas
• Decided: December 9, 2004
• Docket: 14-04-01114-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 9, 2004

Dismissed and Memorandum Opinion filed December 9, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-01114-CR

WILLIAM HENRY MOYE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 923,985

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 indecency with a child.  In accordance with the terms of a plea bargain agreement with the State, the trial court placed appellant on eight years of deferred adjudication community service on November 12, 2003.  The State subsequently filed a motion to adjudicate.  On September 30, 2004, appellant pled true to the stipulation of evidence in return for the State=s recommendation that punishment be a fine of $500 and four years= incarceration in the Institutional Division of Texas Department of Criminal Justice.  On September 30, 2004, the trial court sentenced appellant, in accordance with the plea bargain, to confinement for four years in the Institutional Division of the Texas Department of Criminal Justice and assessed a $500 fine.  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 December 9, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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