Opinion
No. 01-06-00085-CR
Opinion issued January 17, 2008. DO NOT PUBLISH. See TEX. R. APP. P. 47.2(b)
On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 990285.
MEMORANDUM OPINION
Appellant, Jose Alberto Menjivar, pleaded guilty to the offense of murder. Appellant entered into a plea bargain with the State that capped the sentence that the trial court could assess as punishment. The plea papers signed by appellant, his attorney, the State's attorney, and the trial court show that appellant pleaded guilty and agreed that "punishment should be set at PSI with a cap of 30 years." After considering the presentence report and evidence admitted at the presentence investigation hearing, the trial court sentenced appellant to 30 years in prison, a punishment that fell within the agreed cap. The trial court initially certified that this is not a plea-bargain case, and the defendant has the right of appeal. The trial court appointed appellate counsel, who filed a brief. The State filed an appellee's brief, and we submitted the case for consideration. After reviewing the record, we found that the case was a plea-bargain case and the certification was defective. We abated the appeal and ordered the trial court to amend the certification. We have received the trial court's amended certification that states that this is a plea-bargain case and the defendant has no right of appeal. We conclude that the certifications of the right of appeal filed by the trial court are supported by the record and that appellant has no right of appeal due to the agreed plea bargains. TEX. R. APP. P. 25.2(a)(2); see also Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006) (holding that agreement to punishment cap is plea bargain for purposes of Rule 25.2); Shankle v. State, 119 S.W.3d 808, 813 (Tex.Crim.App. 2003) (same). Accordingly, we dismiss the appeal "without further action, regardless of the basis for the appeal." Chavez, 183 S.W.3d at 680; see also Greenwell v. Court of Appeals for Thirteenth Judicial Dist., 159 S.W.3d 645, 649 (Tex.Crim.App. 2005) (explaining purpose of certification requirements is to resolve cases that have no right of appeal quickly without expense of appointing appellate counsel, preparing reporter's record or preparing appellate brief).