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GOFF v. STATE

Court of Appeals of Texas, First District, Houston
May 13, 2004
No. 01-04-00248-CR (Tex. App. May. 13, 2004)

Opinion

No. 01-04-00248-CR.

May 13, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 184th District Court, Harris County, Texas, Trial Court Cause No. 910340.

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


MEMORANDUM OPINION


Appellant pleaded no contest to the offense of aggravated assault and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 10 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. 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. 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.


Summaries of

GOFF v. STATE

Court of Appeals of Texas, First District, Houston
May 13, 2004
No. 01-04-00248-CR (Tex. App. May. 13, 2004)
Case details for

GOFF v. STATE

Case Details

Full title:NATHAN LEWIS GOFF, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 13, 2004

Citations

No. 01-04-00248-CR (Tex. App. May. 13, 2004)