Carlos Alberto Ramirez v. The State of Texas--Appeal from 180th District Court of Harris County

Dismissed and Memorandum Opinion filed August 16, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00649-CR

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CARLOS ALBERTO RAMIREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1088733

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

Appellant entered a guilty plea to aggravated assault of a family member. Appellant and the State agreed that appellant=s punishment would not exceed confinement in prison for more than fifteen years. In accordance with the terms of this agreement with the State, the trial court sentenced appellant on June 15, 2007, to confinement for fifteen years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely, written notice of appeal.

We must dismiss for lack of jurisdiction over the appeal. See Tex. R. App. P. 25.2(a)(2). An agreement that places a cap on punishment is a plea bargain for purposes of Texas Rule of Appellate Procedure 25.2(a)(2). Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (stating sentence-bargaining may include a recommended Acap@ on sentencing); see also Waters v. State, 124 S.W.3d 825, 826-27 (Tex. App.CHouston [14th Dist.] 2003, pet. ref=d) (holding reviewing court lacked jurisdiction where defendant pled guilty with ten-year sentencing cap, even though trial judge mistakenly certified defendant had a right of appeal); Threadgill v. State, 120 S.W.3d 871, 872 (Tex. App.CHouston [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).

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). 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

Judgment rendered and Memorandum Opinion filed August 16, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex.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