Derrick Devonne Wilson v. State ( 2007 )

Opinion issued November 8, 2007                                     

In The

Court of Appeals  

For The

First District of Texas  

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  NO. 01-05-00202-CR

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DERRICK DEVONNE WILSON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 992463

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  MEMORANDUM OPINION

          Appellant, Derrick Devonne Wilson, pleaded guilty to the offense of aggravated robbery. Appellant entered into a plea bargain with the State that capped the sentence that the trial court could assess as punishment. The plea papers signed by appellant, his attorney, the State’s attorney, and the trial court show that appellant pleaded guilty “without an agreed rec[ommendation], to a presentence investigation[,] although agree to a 25 year sentence cap.” A reporter’s record was prepared of the proceedings at the sentencing hearing, where appellant’s attorney and the State’s attorney each represented to the court that appellant pleaded guilty “with the stipulation that there would be a cap on the sentence of 25 years.” After considering the presentence report and evidence admitted at the hearing, the trial court sentenced appellant to 25 years in prison, a punishment that fell within the agreed cap. In conflict with the plea papers and the trial court’s statements at the sentencing hearing, the judgment states “no rec[ommendation] PSI.”

          The trial court initially certified that this is not a plea-bargain case, and the defendant has the right of appeal. The trial court appointed appellate counsel, who filed an Anders brief stating that the appeal is without merit and that there are no arguable grounds for reversal. Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Appellant filed a pro se response brief asserting four issues, and we submitted the case for consideration.

          After reviewing the record, we found that the case was a plea-bargain case and the certification was defective. We abated the appeal and ordered the trial court to amend the certification. We have received the trial court’s amended certification that states that this is a plea-bargain case and the defendant has no right of appeal.

          We conclude that the certifications of the right of appeal filed by the trial court are supported by the record and that appellant has no right of appeal due to the agreed plea bargains. Tex. R. App. P. 25.2(a)(2); see also Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (holding that agreement to punishment cap is plea bargain for purposes of Rule 25.2); Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (same). Accordingly, we dismiss the appeal “without further action, regardless of the basis for the appeal.” Chavez, 183 S.W.3d at 680; see also Greenwell v. Court of Appeals for Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex. Crim. App. 2005) (explaining purpose of certification requirements is to resolve cases that have no right of appeal quickly without expense of appointing appellate counsel, preparing reporter’s record or preparing appellate brief).

Conclusion

          We dismiss the appeal.

                                                                        Elsa Alcala

                                                                        Justice

Panel consists of Chief Justice Radack and Justices Alcala and Bland.  

Do not publish. See Tex. R. App. P. 47.2(b).