Opinion
No. 01-05-00822-CR
Opinion issued July 20, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 184th District Court, Harris County, Texas, Trial Court Cause No. 956278.
Panel consists of Chief Justice RADACK, and Justices TAFT and NUCHIA.
MEMORANDUM OPINION
Appellant, Francisco Jacinto Velasquez, pleaded guilty to the felony offense of indecency with a child and, in accordance with his plea bargain agreement with the State, the trial court deferred a finding of guilt and placed appellant on community supervision for seven years, and assessed a fine of $700. The State subsequently filed a motion to adjudicate guilt to which appellant pleaded true. At the time of his plea of true, appellant entered into a written stipulation of evidence and plea agreement with the State as to punishment. The plea agreement form was signed under oath by the appellant and contained a written waiver of constitutional rights, agreement to stipulate to evidence, and judicial confession. The document provided, among other things, as follows:
On the 23rd day of October, 2003, in Harris County Texas, I received deferred adjudication for the felony offense of indecency with a child by contact in the 184th District Court of Harris County, Texas, and was granted adult probation for a period of seven years, conditioned among other things that: I report to the probation officer as directed, not less that once a month and on the same day of each succeeding month until being discharged from probation.
I violated the terms and conditions of said probation in that I failed to reprot to the Community Supervision Office as instructed for the months of August 2004, September 2004, and November 2004.
I intend to enter a plea of true and the prosecutor will recomment that my punishment be set at three years TDC.The document was also signed by appellant's counsel, the prosecutor and the trial court. The trial court proceeded to find true the State's allegation that appellant had violated the conditions of his community supervision by failing to report to the probation officer as directed, not less that once a month and on the same day of each succeeding month until discharged from probation. And in accordance with appellant's plea bargain agreement with the State, the trial court found appellant guilty of the original charge, and sentenced him to confinement for three years. Appellant filed a timely pro se notice of appeal. In a plea-bargained case in which the punishment assessed does not exceed the plea agreement, a defendant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after obtaining the trial court's permission to appeal. Tex.R.App.P. 25.2(a)(2); Griffin v. State, 145 S.W.3d 645, 648-49 (Tex.Crim.App. 2004); Cooper v. State, 45 S.W.3d 77, 80 (Tex.Crim.App. 2001). The trial court's certification of appellant's right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certification. Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). We must dismiss an appeal if the trial court's certification shows there is no right to appeal. See Tex.R.App.P. 25.2(d). Accordingly, the appeal is dismissed. Any pending motions are dismissed as moot.