ERNEST EUGENE OVEAL JR - 2 yo (2011)/ Convicted: Father; Ernest Eugene Oveal Sr. - Houston - TX

NE Houston man charged in beating death of his toddler son
Jan. 24, 2011,  1:05PM

   
HPD Ernest Eugene Oveal

A father was arrested when his 2-year-old son died after the man said he hit the toddler with a belt to discipline the boy for throwing feces in a room at an apartment in northeast Houston last week.

Ernest Eugene Oveal, 25, is charged with injury to a child in connection to the death ofErnest Eugene Oveal, Jr., at an apartment at 9700 Mesa nearSterlingshire about 10:30 a.m. Thursday, police said.

Police said the boy had trauma to his head and bruises on his body. He was rushed to LBJ General Hospital and then transferred to Memorial Hermann Children's Hospital, where he was pronounced dead.

The elder Oveal is being held in the Harris County jail in lieu of $200,000 bail.

The Harris County Institute of Forensic Sciences is scheduled to perform an autopsy to determine the toddler's cause of death.

Police said Oveal told investigators he found his son in his bed with a soiled diaper andfeces outside the diaper. He placed the boy on a training toilet in theroom and left to attend to his other children. When he came back, hediscovered his son had thrown feces in the room.

Police said Oveal told investigators he grabbed a belt and disciplined the child, who became limp and stopped breathing.

Police are investigating the case.

http://www.chron.com/disp/story.mpl/metropolitan/7395272.html

OVEAL v. STATENo. 14-12-00567-CR.
ERNEST EUGENE OVEAL, Appellant,
v.
THE STATE OF TEXAS, Appellee.
Court of Appeals of Texas, Fourteenth District, Houston.
Memorandum Opinion filed August 23, 2012.
Panel consists of Chief Justice Hedges and Justices Seymore and Brown.
DO NOT PUBLISH. TEX.R.APP. P. 47.2(b)
MEMORANDUM OPINION

PER CURIAM.

Appellant entered a plea of no contest to injury to a child. Appellant and the State agreed that appellant's punishment would not exceed confinement in prison for more than forty-five (45) years. In accordance with the terms of this agreement with the State, the trial court sentenced appellant on June 14, 2012, to confinement for forty-five (45) years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely, written notice of appeal. We dismiss the appeal.

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.-Houston [14th Dist.] 2003, pet. ref'd); 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 "cap" on sentencing). 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 pre-trial rulings.

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.

http://www.leagle.com/decision/In%20TXCO%2020120823429