Tracy Lee Turner v. State

• Court: Court of Appeals of Texas
• Decided: July 20, 2006
• Docket: 14-06-00534-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed July 20, 2006

Dismissed and Memorandum Opinion filed July 20, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00534-CR

TRACY LEE TURNER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 844259

M E M O R A N D U M   O P I N I O N

 Appellant entered a guilty plea without an agreed recommendation as to punishment to the offense of burglary of a habitation on November 8, 2000.  The trial judge deferred adjudication of guilt and placed appellant on community supervision for six years.  Subsequently, the State filed a motion to adjudicate guilt. 

In accordance with the terms of an agreement, appellant entered a plea of true to the State=s allegations and the trial court sentenced appellant on May 19, 2006, to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $500.  As part of the agreement to plead true, appellant agreed to waive any right to appeal.  Appellant filed a pro se notice of appeal.

The trial court entered a certification of the defendant=s right to appeal in which the court certified that the defendant has no right of appeal.  The trial court=s certification is included in the record on appeal.  See Tex. R. App. P. 25.2(d).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 20, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.

Do Not Publish C Tex.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