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Burke v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 26, 2006
No. 14-05-01010-CR (Tex. App. Jan. 26, 2006)

Opinion

No. 14-05-01010-CR

Memorandum Opinion filed January 26, 2006. DO NOT PUBLISH.

On Appeal from the 174th District Court, Harris County, Texas, Trial Court Cause No. 1009735. Dismissed.

Panel consists of Justices HUDSON, FROST, and SEYMORE.


MEMORANDUM OPINION


Appellant entered a guilty plea to the offense of aggravated assault. In accordance with the terms of a plea bargain agreement with the State, the trial court placed appellant on ten years of deferred adjudication community supervision and assessed a fine of $500. The State subsequently moved to adjudicate guilt. On August 26, 2005, appellant signed a stipulation of evidence and, as part of the stipulation, agreed to waive any right of appeal. he may have in this case. On August 26, 2005, the trial court sentenced appellant to two years' confinement in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $500. Despite having waived the right of appeal, appellant filed a pro se notice of appeal. We dismiss the appeal. The trial court entered a certification of the defendant's right to appeal in which the court certified that defendant had waived his 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.

I disagree with Judge Seymore's proposed changes.


Summaries of

Burke v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 26, 2006
No. 14-05-01010-CR (Tex. App. Jan. 26, 2006)
Case details for

Burke v. State

Case Details

Full title:JAMES THOMAS BURKE, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jan 26, 2006

Citations

No. 14-05-01010-CR (Tex. App. Jan. 26, 2006)