Alfredo Martin Delossantos v. the State of Texas ( 2023 )

Appeal dismissed and Memorandum Opinion filed June 1, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00269-CR
ALFREDO MARTIN DELOSSANTOS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 239th District Court
Brazoria County, Texas
Trial Court Cause No. 80772-CR
MEMORANDUM OPINION
Appellant entered a plea of true on a motion to adjudicate guilt for the offense
of evading arrest. Appellant and the State agreed that appellant’s punishment upon
adjudication of guilt would not exceed confinement in prison for more than two
years. In accordance with the terms of this plea bargain agreement with the State,
the trial court sentenced appellant to confinement for two years in the Institutional
Division of the Texas Department of Criminal Justice. We dismiss the appeal.
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, indicating we have no jurisdiction over the appeal. See Tex. R. App.
P. 25.2(a)(2). An agreement that places a cap on punishment is a plea bargain for
purposes of Texas Rule of Appellate Procedure 25.2(a)(2). Shankle v. State, 119
S.W.3d 808, 813 (Tex. Crim. App. 2003); Waters v. State, 124 S.W.3d 825, 826–27
(Tex. App.—Houston [14th Dist.] 2003, pet. ref’d) (holding reviewing court lacked
jurisdiction where defendant pled guilty with a sentencing cap of ten years, even
though trial judge mistakenly certified defendant had right of appeal); Threadgill v.
State, 120 S.W.3d 871, 872 (Tex. App.—Houston [1st Dist.] 2003, no. pet.) (holding
statement in record indicating that there was no agreed recommendation did not
convert proceeding into an open plea where plea was entered pursuant to agreed
sentencing cap).
Because appellant’s plea was made pursuant to a plea bargain, he may appeal
only matters raised by a written pre-trial motion or with the trial court’s permission.
See Tex. R. App. P. 25.2(a)(2). The record does not contain any pre-trial rulings.
Accordingly, we dismiss the appeal.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.
Do Not Publish — Tex. R. App. P. 47.2(b).
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