Thompson, Clyde Douglas v. The State of Texas--Appeal from 179th District Court of Harris County

Dismissed and Opinion filed June 26, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00270-CR

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CLYDE DOUGLAS THOMPSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 914,250

M E M O R A N D U M O P I N I O N

Appellant was convicted of burglary of a habitation on February 17, 2003, and sentenced to 60 years= confinement in the Texas Department of Criminal Justice - Institutional Division. Notice of appeal was filed on February 18, 2003. On April 29, 2003, while this appeal was pending, the trial court granted a new trial, and on that same day appellant entered a guilty plea to burglary of a habitation. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to 35 years= confinement in the Texas Department of Criminal Justice - Institutional Division. Appellant filed a pro se 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 Opinion filed June 26, 2003.

Panel consists of Justices Yates, Hudson, and Frost.

Do Not Publish C Tex.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