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Burton v. State

Court of Appeals of Texas, First District, Houston
Oct 28, 2004
Nos. 01-04-00901-CR, 01-04-00902-CR (Tex. App. Oct. 28, 2004)

Opinion

Nos. 01-04-00901-CR, 01-04-00902-CR

Opinion Issued October 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 184th District Court, Harris County, Texas, Trial Court Cause Nos. 956385 and 956386.

Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.


MEMORANDUM OPINION


Appellant pleaded guilty to the offenses of possession of cocaine weighing less than one gram (cause number 956835) and aggravated robbery (cause number 956836). In accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement in state jail for one year in the controlled substance case and confinement for five years in the aggravated robbery case. Appellant filed a timely 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, No. 1092-03, passim (Tex.Crim.App. Sept. 29, 2004) (designated for publication); 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 each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the certifications. 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 appeals for lack of jurisdiction.


Summaries of

Burton v. State

Court of Appeals of Texas, First District, Houston
Oct 28, 2004
Nos. 01-04-00901-CR, 01-04-00902-CR (Tex. App. Oct. 28, 2004)
Case details for

Burton v. State

Case Details

Full title:CURTIS JAMES BURTON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 28, 2004

Citations

Nos. 01-04-00901-CR, 01-04-00902-CR (Tex. App. Oct. 28, 2004)