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Price v. State

Court of Appeals of Texas, First District, Houston
Dec 4, 2003
No. 01-03-01153-CR (Tex. App. Dec. 4, 2003)

Opinion

No. 01-03-01153-CR

December 4, 2003 DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 263rd District Court Harris County, Texas, Trial Court Cause No. 950616.

Panel consists of Justices TAFT, NUCHIA, and KEYES.


MEMORANDUM OPINION


Appellant, Polly L. Price, was charged with aggravated robbery. She pleaded guilty to the reduced charge of robbery and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for two years. A timely pro se notice of appeal was filed. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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 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 to appeal in this case states that this is a plea-bargained case and the defendant has no right to appeal. We must dismiss an appeal unless the record includes a certification that shows the appellant has the right of appeal. See Tex.R.App.P. 25.2(d). We also note that appellant waived her 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

Price v. State

Court of Appeals of Texas, First District, Houston
Dec 4, 2003
No. 01-03-01153-CR (Tex. App. Dec. 4, 2003)
Case details for

Price v. State

Case Details

Full title:POLLY L. PRICE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 4, 2003

Citations

No. 01-03-01153-CR (Tex. App. Dec. 4, 2003)