Opinion
No. 01-04-00808-CR
October 21, 2004 DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 970902.
Panel consists of Chief Justice RADACK and Justices KEYES and ALCALA.
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of sexual assault and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for five years. 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 this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the certification. 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). We also note that appellant waived his right to appeal. Accordingly, we dismiss the appeal for lack of jurisdiction. All pending motions are denied as moot.