Opinion
No. 05-08-00670-CR
Opinion issued April 2, 2009. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F08-50227-PN.
Before Justices BRIDGES, O'NEILL, and FITZGERALD.
MEMORANDUM OPINION
Cruz Gonzalez, Jr. waived a jury and pleaded guilty to possession with intent to deliver cocaine in an amount of one gram or more, but less than four grams. See Tex. Health Safety Code Ann. § 481.112(a), (c) (Vernon 2003). Pursuant to a plea bargain agreement, the trial court assessed punishment at seven years' imprisonment and a $1500 fine. In a single point of error, appellant contends the trial court erred by failing to orally admonish him on the range of punishment, in violation of article 26.13 of the code of criminal procedure. We dismiss the appeal. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled. The trial court certified that this is a plea bargain case and appellant has no right of appeal. No written pretrial motions were ruled on by the trial court, nor did the trial court give its permission for appellant to appeal. Nevertheless, the State concluded this Court has jurisdiction over the appeal because appellant is contesting the voluntariness of his plea. We disagree. Because the certification of the right of appeal filed by the trial court is supported by the record, we conclude appellant has no right of appeal due to the agreed plea bargain. See Tex. R. App. P. 25.2(a); Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006); see also Terrell v. State, 245 S.W.3d 602, 604 (Tex.App.-Hous. [1st Dist.] 2007, no pet.). Accordingly, we dismiss the appeal without further action.