Alejandro Hinojosa v. State

Dismissed and Memorandum Opinion filed September 25, 2008

Dismissed and Memorandum Opinion filed September 25, 2008.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-00579-CR

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ALEJANDRO HINOJOSA, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 337th District Court

 Harris County, Texas

Trial Court Cause No. 1152465

 

 

M E M O R A N D U M   O P I N I O N


Appellant entered a Aguilty@ plea to possession of a controlled substance.  In accordance with the terms of a plea bargain agreement with the State, the trial court deferred adjudicating guilt and placed appellant on community supervision for a term of two years.  Subsequently, the State moved to adjudicate guilt.  Appellant entered a plea of Atrue@ to the motion.  The trial court adjudicated guilt and sentenced appellant on June 2, 2008, to confinement for one year in the State Jail Division of the Texas Department of Criminal Justice and assessed a fine of $500.  Appellant filed a pro se notice of appeal.  We dismiss the appeal. 

The record reflects appellant waived his right of appeal as part of his agreement to plead Atrue@ to the motion to adjudicate guilt.  In exchange, the State recommended appellant be sentenced to confinement for one year in the State Jail Division of the Texas Department of Criminal Justice and assessed a fine of $500.  Negotiated waivers of the right of appeal are valid if the defendant waived the right of appeal knowing with certainty the punishment that would be assessed.  See Monreal v. State, 99 S.W.3d 615 (Tex. Crim. App. 2003).  Appellant was fully aware of the likely consequences when he waived his right to appeal and was sentenced by the trial court in accordance with the State=s  recommendation.  See Blanco v. State, 18 S.W.3d 218, 220 (Tex. Crim. App. 2000). 

Accordingly, we dismiss the appeal.          

 

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed September 25, 2008.

Panel consists of Chief Justice Hedges, Justices Anderson and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b)