James Ellis Barnett Junior v. The State of Texas Appeal from 209th District Court of Harris County (memorandum opinion per curiam)

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Appeal Dismissed and Memorandum Opinion filed June 21, 2016 In The Fourteenth Court of Appeals NO. 14-16-00383-CR NO. 14-16-00385-CR NO. 14-16-00386-CR JAMES ELLIS BARNETT, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 209th District Court Harris County, Texas Trial Court Cause Nos. 1379997, 1379998, 1379999 MEMORANDUM OPINION Appellant, James Ellis Barnett, Jr., entered a plea of guilty to two charges of aggravated kidnapping and one charge of burglary of a habitation with intent to commit aggravated sexual assault. Appellant and the State agreed that appellant’s punishment on each charge would not exceed confinement in prison for more than 45 years. In accordance with the terms of this agreement with the State, on March 11, 2016, the trial court sentenced appellant on each charge to confinement for 45 years in the Institutional Division of the Texas Department of Criminal Justice, the sentences to run concurrently. Appellant filed timely, written notices of appeal. We dismiss the appeals. The trial court entered certifications of the defendant’s right to appeal in which the court certified that these are plea bargain cases and the defendant has no right of 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 be for recommendations to the court on sentences, including a recommended “cap” on sentencing). Because appellant’s plea was made pursuant to a plea bargain, he may appeal only matters raised by a written pre-trial motion or with the trial court’s permission. See Tex. R. App. P. 25.2(a)(2). The record does not contain any appealable, pre-trial rulings. Accordingly, we DISMISS the appeal. PER CURIAM Panel consists of Justices Boyce, Christopher, and Jamison. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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