Patrick Fitzgerald Alex 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. 14-07-00386-CR

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PATRICK FITZGERALD ALEX, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1072982

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offense of possession of a controlled substance and was sentenced on March 22, 2007, to confinement for seven years in the Institutional Division of the Texas Department of Criminal Justice.  On the same date, appellant filed a notice of appeal.  On March 26, 2007, the trial court denied appellant=s motion for new trial.  On March 29, 2007, the trial court set aside its order of March 26, 2007, and rescinded the denial of the motion for new trial.  A notation at the end of the March 22, 2007, judgment states that the trial court granted appellant=s motion for new trial on March 29, 2007.  Appellant subsequently entered a guilty plea to the offense of possession of a controlled substance.  In accordance with the terms of a plea bargain agreement with the State, the trial court entered an order on March 30, 2007, deferring adjudication, placing appellant on community supervision for 5 years, and assessing a fine of $250.  No notice of appeal from the March 30, 2007, order was filed.  We dismiss the appeal.

Because the motion for new trial was granted, any appeal from the original March 22, 2007, judgment of conviction is moot.  Regarding the March 30, 2007, order of deferred adjudication, 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).  The record supports the trial court=s certification.  See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeal. 

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 19, 2007.

Panel consists of Justices Yates, Edelman, and Seymore.

Do Not Publish C Tex.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