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Simmons v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 26, 2006
No. 14-06-00042-CR (Tex. App. Jan. 26, 2006)

Opinion

No. 14-06-00042-CR

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 DO NOT PUBLISH.

On Appeal from the 262nd District Court, Harris County, Texas, Trial Court Cause No. 1030963. Dismissed.

Panel consists of Justices FOWLER, EDELMAN, and GUZMAN.


MEMORANDUM OPINION


Appellant entered a guilty plea to indecency with a child. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on August 29, 2005, to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal. We dismiss the appeal. The record reflects appellant entered a plea of guilty in exchange for a sentence of eight years and the abandonment of two enhancement paragraphs. Appellant was sentenced in accordance with the plea bargain. The record does not include any pretrial written motions filed by the defense on which the trial court ruled adversely to the defense, nor does it include the trial court's permission to appeal. See Barcenas v. State, 137 S.W.3d 865, 866 (Tex.App.-Houston [1st Dist.] 2004, no pet.). See Waters v. State, 124 S.W.3d 825, 827 (Tex.App.-Houston [14th Dist.] 2003, pet. ref'd). Consequently, appellant does not have the right of appeal. Accordingly, we dismiss the appeal.


Summaries of

Simmons v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 26, 2006
No. 14-06-00042-CR (Tex. App. Jan. 26, 2006)
Case details for

Simmons v. State

Case Details

Full title:HOWARD LOUIS SIMMONS, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 26, 2006

Citations

No. 14-06-00042-CR (Tex. App. Jan. 26, 2006)