Zeus Mendoza v. State ( 2006 )

Dismissed and Memorandum Opinion filed October 26, 2006

Dismissed and Memorandum Opinion filed October 26, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00858-CR

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ZEUS MENDOZA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

 Harris County, Texas

Trial Court Cause No. 1024036

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to possession of a controlled substance.  In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudicating guilt and appellant was placed on community supervision for three years and assessed a $500 fine.  Subsequently, the State moved to adjudicate guilt.  Appellant stipulated the allegations in the State=s motion were true in exchange for a sentence of confinement for two years in the Institutional Division of the Texas Department of Criminal Justice and a fine of $500.  As part of the agreement to plead true, appellant executed a waiver of his right of appeal. Appellant then filed a pro se notice of appeal. 

Nothing in the record indicates that appellant=s waiver of his right to appeal was not voluntarily, knowingly, and intelligently made.   Further, the record does not indicate the trial court consented to an appeal.  A valid waiver of the right to appeal will prevent a defendant from appealing without the consent of the trial court.  See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App.2003).

The trial court entered a certification of the defendant=s right to appeal in which the court certified that the defendant has waived the 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 record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeal.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 26, 2006.

Panel consists of Justices Fowler, Edelman, and Frost.

Do Not Publish C Tex.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