Bolanle Fadairo v. the State of Texas

Appeal dismissed and Memorandum Opinion filed July 11, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00371-CR

BOLANLE FADAIRO, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 482nd District Court
Harris County, Texas
Trial Court Cause No. 1787885

MEMORANDUM OPINION

Appellant entered a plea of not guilty to the charge of murder. Appellant and
the State agreed that appellant’s punishment would not exceed confinement in prison
for more than sixty years. In accordance with the terms of this plea bargain
agreement with the State, the trial court sentenced appellant to confinement for sixty
years in the Institutional Division of the Texas Department of Criminal Justice. We
dismiss the appeal.

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). An agreement that places a cap on
punishment is a plea bargain for purposes of Texas Rule of Appellate Procedure
25.2(a)(2). Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003); Waters
v. State, 124 S.W.3d 825, 826–27 (Tex. App.—Houston [14th Dist.] 2003, pet. ref’d)
(holding reviewing court lacked jurisdiction where defendant pled guilty with a
sentencing cap of ten years, even though trial judge mistakenly certified defendant
had right of appeal); Threadgill v. State, 120 S.W.3d 871, 872 (Tex. App.—Houston
[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).

Because appellant’s plea was made pursuant to a plea bargain, he may appeal
only matters raised by a written pre-trial motion or with the trial court’s permission.
See Tex. R. App. P. 25.2(a)(2). The record does not contain any adverse pre-trial
rulings, and the record does not reflect that the trial court has given permission to
appeal any matter.

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Wilson.

Do Not Publish — Tex.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

2