Sims, Danny Eugene v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2004
• Docket: 14-04-00178-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 22, 2004

Dismissed and Memorandum Opinion filed April 22, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00178-CR

DANNY EUGENE SIMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 45,340

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to felony driving while intoxicated.  In accordance with the terms of a plea bargain agreement with the State, on December 11, 2003, the trial court sentenced appellant to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice.  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, the defendant has no right of appeal, and the defendant waived any 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 April 22, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.

Do Not Publish C Tex.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