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McKeever v. State

Court of Appeals of Texas, First District, Houston
Jun 19, 2003
No. 01-03-00347-CR (Tex. App. Jun. 19, 2003)

Opinion

No. 01-03-00347-CR

Opinion issued June 19, 2003 Do not publish. Tex.R.App.P. 47.2(b).

On Appeal from the 184th District Court, Harris County, Texas, Trial Court Cause No. 941088

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


MEMORANDUM OPINION


Appellant pleaded guilty to possession of cocaine and, in accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement in state jail for one year. Appellant filed timely notice of appeal. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides, in pertinent part: In a plea bargain case — that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant — a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. Tex.R.App.P. 25.2(a)(2). The trial court's certification of defendant's right of appeal states that this "is a plea-bargain case, and the defendant has NO right of appeal." (Emphasis in original.) SeeTex.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

McKeever v. State

Court of Appeals of Texas, First District, Houston
Jun 19, 2003
No. 01-03-00347-CR (Tex. App. Jun. 19, 2003)
Case details for

McKeever v. State

Case Details

Full title:IRA McKEEVER, JR., Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 19, 2003

Citations

No. 01-03-00347-CR (Tex. App. Jun. 19, 2003)