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Lavergne v. State

Court of Appeals of Texas, First District, Houston
Mar 17, 2005
Nos. 01-05-00112-CR, 01-05-00113-CR (Tex. App. Mar. 17, 2005)

Opinion

Nos. 01-05-00112-CR, 01-05-00113-CR

Opinion Issued March 17, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 232nd District Court, Harris County, Texas, Trial Court Cause Nos. 980065 and 956971.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


Appellant, Jennifer Lyles Lavergne, pleaded guilty to the offenses of injury to a child in cause number 956971 and bail jumping in cause number 980065. In accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for 14 years in the injury-to-a-child case and confinement for eight years in the bail-jumping case. Appellant filed a timely notice of appeal in case. We dismiss the appeals 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. 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); TEX. R. APP. P. 25.2(a)(2). The trial court's certification of appellant's right to appeal in each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certifications. Dears v. State, Nos. PD-1963-03, PD-1964-03, PD-1965-03, slip op. 9 (Tex.Crim.App. Jan. 26, 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). Accordingly, we dismiss the appeals for lack of jurisdiction.


Summaries of

Lavergne v. State

Court of Appeals of Texas, First District, Houston
Mar 17, 2005
Nos. 01-05-00112-CR, 01-05-00113-CR (Tex. App. Mar. 17, 2005)
Case details for

Lavergne v. State

Case Details

Full title:JENNIFER LYLES LAVERGNE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 17, 2005

Citations

Nos. 01-05-00112-CR, 01-05-00113-CR (Tex. App. Mar. 17, 2005)