JOE DAVID ALEXANDER ROJAS v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Appellant entered a guilty plea to assault of a family member. In accordance with the terms of a plea bargain agreement between appellant and the State, in which appellant waived the right to appeal, the trial court placed appellant on deferred adjudication. The State later filed a motion to adjudicate guilt. Appellant and the State entered into another plea bargain agreement, in which appellant again waived the right to appeal. Pursuant to the agreement, the trial court sentenced appellant to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal. We dismiss the appeal.

The trial court entered a certification of the defendant's right to appeal in which the court certified that the defendant has waived the right to 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 because the State's agreement to recommend a three-year sentence provided consideration for appellant's waiver of his right to appeal. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005); Jenkins v. State, 495 S.W.3d 347, 350 (Tex. App.—Houston [14th Dist.] 2016, no pet.).

Accordingly, we DISMISS the appeal. Appellant's motion for appointment of counsel and motion to extend time to file his brief are DENIED AS MOOT.

PER CURIAM