Clifton, Mick Curtis v. State ( 2004 )

Dismissed and Memorandum Opinion filed November 18, 2004

Dismissed and Memorandum Opinion filed November 18, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00902-CR

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MICK CURTIS CLIFTON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 976,440

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M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the charge of felony assault, family violence, second offender. In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudication and ordered appellant serve 4 years of community service and pay a $200 fine. The State subsequently moved to adjudicate guilt.  Appellant pled true to the stipulations of evidence in return for the prosecutor=s recommendation that punishment be set at two years= confinement and payment of a $200 fine.  On July 20, 2004, the trial court sentenced appellant in accordance with the prosecutor=s recommendation.  The trial court sentenced appellant to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice and assessed a $200 fine. Appellant filed a pro se notice of appeal.  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 November 18, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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