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Bundage v. State

Court of Appeals of Texas, First District, Houston
Jan 11, 2007
No. 01-06-00890-CR (Tex. App. Jan. 11, 2007)

Opinion

No. 01-06-00890-CR.

January 11, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from County Criminal Court at Law No. 3, Harris County, Texas, Trial Court Cause No. 1326466.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


Appellant pleaded no contest to the misdemeanor offense of theft of food stamps and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 60 days. Appellant filed a timely pro se notice of appeal. We dismiss for lack of jurisdiction. In a plea-bargained case in which the punishment assessed does not exceed the plea agreement, a defendant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after obtaining the trial court's permission to appeal. Griffin v. State, 145 S.W.3d 645, 648-49 (Tex.Crim.App. 2004); Cooper v. State, 45 S.W.3d 77, 80 (Tex.Crim.App. 2001); Tex. R. App. P. 25.2(a)(2). The trial court's certification of appellant's right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certification. Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). We must dismiss an appeal if the trial court's certification shows there is no right to appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal for lack of jurisdiction. All pending motions are denied as moot.


Summaries of

Bundage v. State

Court of Appeals of Texas, First District, Houston
Jan 11, 2007
No. 01-06-00890-CR (Tex. App. Jan. 11, 2007)
Case details for

Bundage v. State

Case Details

Full title:LOUIS CHARLES BUNDAGE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Jan 11, 2007

Citations

No. 01-06-00890-CR (Tex. App. Jan. 11, 2007)