Dismissed and Memorandum Opinion filed October 21, 2004.
In The
Fourteenth Court of Appeals
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NO. 14-04-00924-CR
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JOSHUA DWAYNE MITCHELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Cause No. 982,856
M E M O R A N D U M O P I N I O N
Appellant entered a guilty plea to the offense of theft. In accordance with the terms of a plea bargain agreement with the State,[1] the trial court sentenced appellant on August 19, 2004, to confinement for 35 years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal. Because appellant has no right to appeal, we dismiss.
The trial court entered a certification of the defendant=s right to appeal in which the court certified that this is a plea bargain case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The trial court=s certification is included in the record on appeal. See Tex. R. App. P. 25.2(d).
Accordingly, we dismiss the appeal.
PER CURIAM
Judgment rendered and Memorandum Opinion filed October 21, 2004.
Panel consists of Justices Yates, Edelman, and Guzman.
Do Not Publish C Tex. R. App. P. 47.2(b).
[1] The plea bargain documents reveal appellant pled guilty without an agreed recommendation from the State on sentencing, but the State agreed to a cap on punishment of 35 years= confinement.