Court of Civil Appeals of Texas, 2004

Kindelan, Joe v. State

Kindelan, Joe v. State
Court of Civil Appeals of Texas · Decided December 23, 2004

Kindelan, Joe v. State

Opinion

Dismissed and Memorandum Opinion filed December 23, 2004

Dismissed and Memorandum Opinion filed December 23, 2004.

 

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-04-01041-CR

____________

 

JOE KINDELAN, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 232nd District Court

 Harris County, Texas

Trial Court Cause No. 907,364

 

 

M E M O R A N D U M   O P I N I O N

Appellant pleaded guilty to possession of a controlled substance with intent to deliver, and the trial court placed appellant on deferred adjudication probation.  In April 2004, the State moved to adjudicate appellant’s guilt.  Appellant subsequently pleaded true to the stipulation of evidence in exchange for the State’s recommendation that his punishment be set at ten years’ confinement.  In accordance with the terms of this agreement with the State, the trial court sentenced appellant on September 23, 2004, to confinement for ten 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 December 23, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish.

 

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