John Edmund Leblanc v. State ( 2005 )

Dismissed and Memorandum Opinion filed December 8, 2005

Dismissed and Memorandum Opinion filed December 8, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01156-CR

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JOHN EDMUND LeBLANC, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 934,268

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to burglary of a habitation with intent to commit theft.  The trial court deferred a finding of guilt, and placed appellant on community supervision for eight years, and assessed a $500 fine.  The State subsequently moved to adjudicate appellant=s guilt.  Appellant entered a plea of true to the allegations in the motion, and on October 11, 2005, the trial court sentenced appellant to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice and assessed a $500 fine. As part of his plea agreement with the State, appellant executed a written waiver of his right to appeal.  Appellant nonetheless filed a pro se notice of appeal.  Because appellant has waived his right to appeal, we dismiss.

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.  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).  The trial court=s certification states the case involves a plea bargain and appellant has no right to appeal.  Because the restrictions of rule 25.2 do not apply to plea bargains entered at adjudication proceedings, we cannot dismiss the appeal on that basis.  See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).  However, appellant=s waiver of his right to appeal provides an independent basis to dismiss the appeal.  See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 8, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.

Do Not Publish C Tex.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