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Cordaway v. State

Court of Appeals of Texas, First District, Houston
Jul 15, 2010
No. 01-09-01046-CR (Tex. App. Jul. 15, 2010)

Opinion

No. 01-09-01046-CR

Opinion issued July 15, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 179th District Court Harris County, Texas, Trial Court Case No. 1237263.

Panel consists of Justices JENNINGS, ALCALA, and MASSENGALE.


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. Appellant, Christopher Eric Cordaway, pleaded guilty to the offense of assault on a family member, second offender, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for eight years. After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea-bargain case and the defendant has no right to appeal. Appellant did not request the trial court's permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant filed a timely pro se notice of appeal. The certification that appellant has no right of appeal, as shown on the "Trial Court's Certification of Right of Appeal" form signed by the trial court, is supported by the record that shows that appellant has no right of appeal due to the agreed plea bargain. TEX. R. APP. P. 25.2(a). Because appellant has no right of appeal, we must dismiss this appeal "without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). Accordingly, the appeal is dismissed for lack of jurisdiction. We deny any pending motions as moot.


Summaries of

Cordaway v. State

Court of Appeals of Texas, First District, Houston
Jul 15, 2010
No. 01-09-01046-CR (Tex. App. Jul. 15, 2010)
Case details for

Cordaway v. State

Case Details

Full title:CHRISTOPHER ERIC CORDAWAY, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 15, 2010

Citations

No. 01-09-01046-CR (Tex. App. Jul. 15, 2010)