Opinion
No. 14-09-00048-CR
Memorandum Opinion filed March 12, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 174th District Court Harris County, Texas, Trial Court Cause No. 1132293.
Panel consists of Justices FROST, BROWN, and BOYCE.
MEMORANDUM OPINION
Appellant entered a plea of "guilty" to aggravated robbery with a deadly weapon in exchange for a cap on punishment of forty years. This constitutes a plea bargain as contemplated by Tex. R. App. P. 25.2(a)(2). See Shankle v. State, 119 S.W.3d 808, 813 (Tex.Crim.App. 2003) (An agreement to a punishment cap constitutes a plea bargain.) In accordance with the terms of the plea bargain agreement with the State, the trial court sentenced appellant on January 7, 2009, to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a 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 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.