Salvador Dario Merino v. State ( 2005 )

Dismissed and Memorandum Opinion filed December 1, 2005

Dismissed and Memorandum Opinion filed December 1, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01091-CR

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SALVADOR DARIO MERINO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 9

Harris County, Texas

Trial Court Cause No. 1318307

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the misdemeanor offense of possession of a controlled substance, in which the state recommended punishment of a fine not to exceed $4,000 and/or confinement not to exceed one year.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on August 1, 2005, to confinement for ten days in the Harris County Jail.  Appellant filed a motion for new trial on August 29, 2005.  Appellant filed his notice of appeal on October 19, 2005. 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, and 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).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 1, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish C Tex.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