Walters Julius Washington v. the State of Texas ( 2023 )

Appeal dismissed and Memorandum Opinion filed October 17, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00560-CR
WALTERS JULIUS WASHINGTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 482nd District Court
Harris County, Texas
Trial Court Cause No. 1751550
MEMORANDUM OPINION
Appellant entered a plea of guilty for the offense of aggravated assault with a
deadly weapon. Appellant and the State agreed that appellant’s punishment would
not exceed confinement in prison for more than eight years. In accordance with the
terms of this plea bargain agreement with the State, the trial court sentenced
appellant to confinement for eight years. 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 when defendant pleaded 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 no agreed recommendation existed did not convert
proceeding into an open plea in which 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). Appellant does not challenge any pre-trial rulings.
Accordingly, we dismiss the appeal for want of jurisdiction.
PER CURIAM
Panel consists of Justices Jewell, Spain, and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).
2