Opinion
No. 01-03-00486-CR
Opinion issued June 26, 2003 Do not publish. Tex.R.App.P. 47.2(b).
On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 936174
Panel consists of Justices TAFT, JENNINGS, and HANKS.
MEMORANDUM OPINION
Appellant was indicted for capital murder. He pleaded guilty to the reduced charge of injury to a child with serious bodily injury and, in accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for 40 years and made an affirmative finding that a deadly weapon was used in the commission of the offense. Appellant filed timely notice of appeal. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides, in pertinent part: In a plea bargain case — that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant — a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. Tex.R.App.P. 25.2(a)(2). The trial court's certification of defendant's right of appeal states that this "is a plea-bargain case, and the defendant has NOright of appeal." (Emphasis in original.) See Tex.R.App.P. 25.2(d). We also note that appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.). Accordingly, we dismiss the appeal for lack of jurisdiction.