Opinion
No. 05-07-00727-CR
Opinion Filed April 15, 2008. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F06-66118-LT.
Before Justices MORRIS, FITZGERALD, and LANG.
OPINION
Keith Leonard Hill waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. See Tex. Pen. Code Ann. §§ 29.02, 29.03 (Vernon 2003). The plea was pursuant to an agreement by which punishment would be capped at fifteen years' imprisonment with an optional fine up to $10,000. The trial court assessed punishment at fourteen years' imprisonment and a $2500 fine. In two points of error, appellant contends the evidence is legally and factually insufficient to support his conviction. Because appellant entered into a plea agreement, he may appeal only matters raised by written motion filed and ruled on before trial or with the trial court's permission to appeal. See Tex. R. App. P. 25.2(a). There were no written motions regarding sufficiency of the evidence filed and ruled on before trial, nor did appellant obtain the trial court's permission to appeal. Thus, we do not have jurisdiction over this appeal. We dismiss the appeal for want of jurisdiction.
The trial court's certification of appellant's right to appeal states appellant has the right of appeal because there was no plea bargain. However, the reporter's record shows the trial judge approved a "partial plea bargain" that capped the punishment at no more than fifteen years imprisonment and an optional fine not to exceed $10,000.