Opinion
No. 10-04-00180-CR
Opinion delivered and filed October 6, 2004. DO NOT PUBLISH.
Appeal from the 2nd 25th District Court, Colorado County, Texas, Trial Court # CR03-174. Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Kelly D. Summers appeals from his plea-bargained conviction of evading arrest or detention with a motor vehicle. Summers contends that there was no plea bargain because there was no recommendation for punishment as to the evading charge. However, in an agreement with the State, Summers pled guilty to the evading charge in return for the dismissal of an aggravated assault charge. An agreement to dismiss a pending charge, or not to bring an available charge, effectively puts a cap on punishment at the maximum sentence for the charge that is not dismissed. Shankle v. State, 119 S.W.3d 808, 813 (Tex.Crim.App. 2003). This is referred to as a charge-bargain. Id. The trial court's certification regarding Summers's right of appeal and documents contained within the clerk's record affirmatively show that Summers has no right of appeal. Thus, Summers has no right to appeal. Id. at 814. We dismiss the appeal. See TEX. R. APP. P. 25.2(d); High v. State, 115 S.W.3d 581, 582 (Tex.App.-Waco 2003, pet. ref'd).