Gato, Rene D. v. State ( 2004 )

Dismissed and Memorandum Opinion filed November 12, 2004

Dismissed and Memorandum Opinion filed November 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00893-CR

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RENE D. GATO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 344th District Court

Chambers County, Texas

Trial Court Cause No. 12385

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of unlawful possession of a controlled substance.  In the plea bargain document, the State recommended a Acap@ on punishment of thirteen years= imprisonment. An agreement that puts a Acap@ on the punishment for the charged offense is an agreed recommendation that constitutes a plea bargain.  Perez v. State, 129 S.W.3d 282, 286 (Tex. App.BCorpus Christi 2004, no pet.)(citing Shankle v. State, 119 S.W.3d 808 (Tex. Crim. App. 2003) and Threadgill v. State, 120 S.W.3d 871 (Tex. App.BHouston [1st Dist.] 2003, no pet.).  See also Waters v. State, 124 S.W.3d 825, 826 (Tex. App.BHouston [14th Dist.] 2003, pet. ref=d)(holding that a conviction based on an agreement that puts a cap on punishment for the charged offense is subject to the restrictions on appeals from plea bargains in Rule 25.2).  In accordance with the terms of the plea bargain agreement with the State, the trial court sentenced appellant on August 6, 2004, to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice and assessed a $1,500.00  fine. Appellant filed a 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 12, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex.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