Walter Pickering v. The State of Texas Appeal from 184th District Court of Harris County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed August 4, 2016. In The Fourteenth Court of Appeals NO. 14-15-01027-CR WALTER PICKERING, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1436682 MEMORANDUM OPINION Appellant entered a plea of guilty to murder. Appellant and the State agreed that appellant’s punishment would not exceed confinement in prison for more than 45 years. In accordance with the terms of this agreement with the State, the trial court sentenced appellant to confinement for 35 years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely, written notice of appeal. We dismiss the appeal. 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). 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). Because appellant’s plea was made pursuant to a plea bargain, he may appeal only matters raised by a written pretrial motion or with the trial court’s permission. See Tex. R. App. P. 25.2(a)(2). Appellant does not challenge any pretrial rulings or purport to have permission to appeal. Accordingly, we dismiss the appeal. PER CURIAM Panel consists of Chief Justice Frost and Justices McCally and Brown. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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