Opinion
NO. 14-14-00868-CR
05-19-2015
ASHLEY TRAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court Harris County, Texas
Trial Court Cause No. 1410050
MEMORANDUM OPINION
Appellant entered a guilty plea to intoxication manslaughter. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant to confinement for 15 years in the Institutional Division of the Texas Department of Criminal Justice. We dismiss the appeal.
The trial court entered a certification of the defendant's right to appeal in which the court checked two boxes, certifying that this is not a plea-bargain case, and the defendant has the right of appeal, and that this is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court's certification is included in the record on appeal, but is not supported by the record. See Tex. R. App. P. 25.2(d).
Upon direction of this court, the trial court held a hearing to clarify appellant's right to appeal. At the hearing, the trial court determined that appellant entered into a plea-bargain agreement with the State, and, has no right of appeal. The record supports the trial court's conclusion from the hearing. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).
Accordingly, we dismiss the appeal.
PER CURIAM Panel consists of Justices Christopher, Brown, and Wise.
Do Not Publish — Tex. R. App. P. 47.2(b)