Pete Garcia v. State

Court of Appeals of Texas·Decided March 31, 2011·No. 01-10-01137-CR·Published

Opinion

Opinion issued March 31, 2011

In The

Court of Appeals

For The

First District of Texas


NO. 01-10-01136-CR

NO. 01-10-01137-CR   

____________


PETE GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1262986 and 1262987


MEMORANDUM OPINION


          In appellate cause number 01-10-01136-CR, appellant, Pete Garcia, pleaded guilty to the offense of felon in possession of a firearm.  In appellate cause number 01-10-01137-CR, appellant pleaded guilty to the offense of possession of a controlled substance.  In accordance with the terms of appellant’s plea bargain agreement with the State in each cause number, the trial court sentenced appellant to seven years’ confinement in each cause, with the sentences to run concurrently.  Appellant filed a pro se notice of appeal in each cause number.  We dismiss the appeals.

In each cause number, 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 that the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). Both of the trial court’s certifications are included in the record on appeal. See Tex. R. App. P. 25.2(d). The record supports the trial court’s certification in each cause. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeals in cause numbers 01-10-01136-CR and 01-10-01137-CR.  We dismiss any outstanding motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Brown.

Do not publish.  Tex. R. App. P. 47.2(b).

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Related

Dears v. State
154 S.W.3d 610 (Court of Criminal Appeals of Texas, 2005)