Opinion
No. 01-07-00593-CR
Opinion issued August 30, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause No. 1107292.
Panel consists of Justices TAFT, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Appellant, Frederick Ervin Cole, pleaded guilty to the felony offense of attempted indecency with a child by exposure, and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for nine months. Appellant filed a timely pro se notice of appeal 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. Tex. R. App. P. 25.2(a)(2); 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). 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). We note that appellant also 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.