Vernon Broussard v. State ( 2007 )

Dismissed and Memorandum Opinion filed July 19, 2007

Dismissed and Memorandum Opinion filed July 19, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00454-CR

NO. 14-07-00455-CR

NO. 14-07-00456-CR

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VERNON BROUSSARD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause Nos.1047855, 1047856 & 1047857

M E M O R A N D U M   O P I N I O N

Appellant entered guilty pleas to three charges of aggravated robbery with a deadly weapon.  In accordance with the terms of plea bargain agreements with the State to cap punishment at confinement for thirty years, the trial court sentenced appellant on May 24, 2007, to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice in each case, with the sentences to be served concurrently.  Appellant filed a written notice of appeal in each case.  We dismiss the appeals. 

The trial court entered a certification of the defendant=s right to appeal in each case in which the court certified that each 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 certifications are included in the records on appeal.  See Tex. R. App. P. 25.2(d).  The records support the trial court=s certifications.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). 

An agreement that places a cap on punishment is a plea bargain for purposes of Texas Rule of Appellate Procedure 25.2(a)(2).  Waters v. State, 124 S.W.3d 825, 826-27 (Tex. App.CHouston [14th Dist.] 2003, pet. ref=d) (holding reviewing court lacked jurisdiction where defendant pled guilty with a sentencing cap of ten years, even thought trial judge mistakenly certified defendant had right of appeal);  Threadgill v. State, 120 S.W.3d 871, 872 (Tex. App.CHouston [1st Dist.] 2003, no. pet.) (holding statement in record indicating that there was no agreed recommendation did not convert proceeding into an open plea where plea was entered pursuant to agreed sentencing cap);  see also Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (stating sentence-bargaining may be for recommendations to the court on sentences, including a recommended Acap@ on sentencing).

Accordingly, we dismiss the appeals. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 19, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.

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