Roberto Vasquez v. State

Dismiss and Opinion Filed March 6, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01379-CR
No. 05-19-01380-CR
ROBERTO VASQUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause Nos. F19-30958-H & F19-30959-H
MEMORANDUM OPINION
Before Justices Bridges, Molberg, and Carlyle
Opinion by Justice Molberg
Appellant was indicted for fraudulent use or possession of ten or more but less
than fifty identifying information items and unlawful use of a criminal instrument.
He pleaded guilty to each offense in exchange for the State dropping enhancement
paragraphs alleging a prior felony offense. The trial court found the evidence
sufficient to support a finding of guilt in each case but deferred adjudication of guilt
and placed appellant on community supervision for two years, as agreed to by
appellant and the State. The trial court certified these were plea bargain cases and
that appellant had no right of appeal. Appellant then filed these appeals.
A plea bargain is a contract between the State and the defendant. Moore v.
State, 295 S.W.3d 329, 331 (Tex. Crim. App. 2009). Once a plea agreement is
finalized, the trial court must approve the terms; at that point, the State and the
defendant are entitled to the benefit of the bargain. State v. Moore, 240 S.W.3d 248,
251 (Tex. Crim. App. 2007). In a plea bargain case like these, a defendant may
appeal only (1) those matters that were raised by written motion filed and ruled on
before trial or (2) after getting the trial court’s permission to appeal. TEX. R. APP. P.
25.2(a)(2); see TEX. CODE CRIM. PROC. art. 44.02.
Here, appellant agreed to plead guilty to fraudulent use or possession of ten
or more but less than fifty identifying information items (a second degree felony)
and unlawful use of criminal instrument (a third degree felony) in exchange for the
State dropping the enhancement paragraphs which would have elevated the
punishment range for the offenses to those of a first and second degree felony,
respectively. In addition, the State recommended appellant be placed on deferred
adjudication probation for two years, and the trial court followed the plea bargain
terms. The record supports the trial court’s certification that the cases were plea
bargains and appellant has no right to appeal.
We dismiss these appeals.
/Ken Molberg//
191379f.u05 KEN MOLBERG
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROBERTO VASQUEZ, Appellant On Appeal from the Criminal District
Court No. 1, Dallas County, Texas
No. 05-19-01379-CR V. Trial Court Cause No. F19-30958-H.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg, Justices Bridges and
Carlyle participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 6th day of March, 2020.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROBERTO VASQUEZ, Appellant On Appeal from the Criminal District
Court No. 1, Dallas County, Texas
No. 05-19-01380-CR V. Trial Court Cause No. F19-30959-H.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg, Justices Bridges and
Carlyle participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 6th day of March, 2020.
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