Simmons, Howard Louis v. State

• Court: Court of Appeals of Texas
• Decided: January 26, 2006
• Docket: 14-06-00042-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 26, 2006

Dismissed and Memorandum Opinion filed January 26, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00042-CR

HOWARD LOUIS SIMMONS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

 Harris County, Texas

Trial Court Cause No. 1030963

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to indecency with a child.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on August 29, 2005, to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.  We dismiss the appeal. 

The record reflects appellant entered a plea of guilty in exchange for a sentence of eight years and the abandonment of two enhancement paragraphs.  Appellant was sentenced in accordance with the plea bargain.  The record does not include any pretrial written motions filed by the defense on which the trial court ruled adversely to the defense, nor does it include the trial court's permission to appeal.  See Barcenas v. State, 137 S.W.3d 865, 866 (Tex.App.‑Houston [1st Dist.] 2004, no pet.).  See Waters v. State, 124 S.W.3d 825, 827 (Tex.App.‑Houston [14th Dist.] 2003, pet. ref=d).  Consequently, appellant does not have the right of appeal.       

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 26, 2006.

Panel consists of Justices Fowler, Edelman, and Guzman.

Do Not Publish.