Message
×
loading..

Jorge Raul Cabrera v. State ( 2018 )


Menu:
  • Appeal Dismissed and Memorandum Opinion filed May 17, 2018.
    In The
    Fourteenth Court of Appeals
    NO. 14-18-00249-CR
    JORGE RAUL CABRERA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 177th District Court
    Harris County, Texas
    Trial Court Cause No. 1534335
    MEMORANDUM OPINION
    Appellant entered a plea of guilty to aggravated robbery with a deadly weapon
    without an agreed recommendation. In exchange for appellant’s plea, the State
    recommended that appellant’s punishment not exceed confinement in prison for
    more than 25 years. In accordance with the terms of this plea bargain agreement with
    the State, the trial court sentenced appellant to confinement for 25 years in the
    Institutional Division of the Texas Department of Criminal Justice. We dismiss the
    appeal for want of jurisdiction.
    An agreement that places a cap on punishment is a plea bargain for purposes
    of Texas Rule of Appellate Procedure 25.2(a)(2). 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 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); see also Shankle v. State, 
    119 S.W.3d 808
    , 813 (Tex. Crim. App.
    2003) (stating sentence-bargaining may be for recommendations to the court on
    sentences, including a recommended “cap” on sentencing).
    The trial 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). The record supports
    the trial court’s certification. See Dears v. State, 
    154 S.W.3d 610
    , 615 (Tex. Crim.
    App. 2005).
    Accordingly, we dismiss the appeal.
    PER CURIAM
    Panel consists of Chief Justice Frost and Justices Donovan and Brown.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-18-00249-CR

Filed Date: 5/17/2018

Precedential Status: Precedential

Modified Date: 5/21/2018