Matthew Thomas Bausch v. The State of Texas--Appeal from 179th District Court of Harris County

Dismissed and Opinion filed August 18, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00701-CR

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MATTHEW THOMAS BAUSCH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 1010999

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

Appellant pled guilty on December 30, 2004, to the offense of driving while intoxicated. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to five years= incarceration in the Texas Department of Criminal Justice, Institutional Division, with the sentence suspended and appellant placed on 5 years= community supervision. The State subsequently moved to revoke community supervision. Appellant pled true to the State=s stipulation of evidence. In connection with this plea of true, appellant waived the right of appeal, conditioned on the trial court=s following the State=s recommendation that punishment be set at two years= incarceration in the Texas Department of Criminal Justice, Institutional Division. On June 24, 2005, the trial court sentenced appellant to two years= incarceration in the Texas Department of Criminal Justice, Institutional Division. Because appellant waived the right of appeal, we dismiss.

The trial court entered a certification of the defendant's right to appeal in which the court certified that the defendant has no right of appeal because the defendant waived the 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 August 18, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish C Tex.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