Pierce Cook v. The State of Texas--Appeal from 230th District Court of Harris County

Dismissed and Memorandum Opinion filed October 20, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00941-CR

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PIERCE COOK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 997,333

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

Appellant entered a guilty plea to the offense of aggravated robbery. The plea of guilty was made without an agreed recommendation from the State regarding punishment; however, the State recommended a cap of 20 years= imprisonment. In accordance with the terms of the plea bargain agreement with the State, the trial court sentenced appellant on May 6, 2005, to confinement for 20 years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal. Because appellant has no right to appeal, we dismiss.

In a plea bargain case, i.e., one in which the defendant's plea is guilty or nolo contendere and the punishment does not exceed that recommended by the prosecutor and agreed to by the defendant, a defendant may appeal only: (a) those matters that were raised by written motion filed and ruled on before trial; or (b) after getting the trial court's permission to appeal. TEX. R. APP. P. 25.2(a)(2). A conviction based on an agreement that puts a "cap" on the punishment for the charged offense is subject to the restrictions on appeal under Rule 25.2(a)(2). See Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003);Waters v. State, 124 S.W.3d 825, 826 (Tex. App. Houston [14th Dist.] 2003, pet. ref=d).

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 Memorandum Opinion filed October 20, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish C Tex.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