Dismissed and Memorandum Opinion filed July 20, 2006.
In The
Fourteenth Court of Appeals
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NO. 14-06-00462-CR
NO. 14-06-00463-CR
NO. 14-06-00464-CR
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JEFFRIES PATRICK GLEEN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Cause No. 976722; 977102; & 977103
M E M O R A N D U M O P I N I O N
Appellant entered a guilty plea to three counts of aggravated robbery. In each cause, the trial court sentenced appellant on May 18, 2006, to confinement for thirty-five years in the Institutional Division of the Texas Department of Criminal Justice, the sentences to run concurrently. Appellant filed a notice of appeal in each cause. We dismiss all three appeals.
The record reflects that in each case the State agreed to a cap on punishment at confinement for thirty-five years in the Institutional Division of the Texas Department of Criminal Justice. A conviction based on an agreement that puts a cap on punishment for the charged offense is subject to the restrictions on appeals from plea bargains pursuant to Tex. R. App. P. 25.2. See Waters v. State, 124 S.W.3d 825, 826 (Tex. App. B Houston [14th Dist.] 2003, pet. ref=d). In each case, the trial court sentenced appellant to confinement for a term within the agreed-to cap on punishment. Accordingly, all three cases are plea-bargains.
In each case, the trial court entered a certification of the defendant=s right to appeal in which the court certified that it is not a plea bargain case, and the defendant has the right of appeal. See Tex. R. App. P. 25.2(a)(2). We have reviewed the record and conclude that in each case the certification is incorrect. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005); Waters, 124 S.W.3d at 826-827. For each cause, the record does not demonstrate appellant has the right to appeal. Because we lack jurisdiction, the appeals are dismissed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed July 20, 2006.
Panel consists of Justices Hudson, Fowler, and Seymore.
Do Not Publish C Tex. R. App. P. 47.2(b)