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Shipman v. State

Court of Appeals of Texas, First District, Houston
Nov 12, 2009
No. 01-09-00842-CR (Tex. App. Nov. 12, 2009)

Opinion

No. 01-09-00842-CR

November 12, 2009 DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause No. 1107292.

Panel consists of Justices KEYES, ALCALA, and HANKS.


MEMORANDUM OPINION


Appellant, Sammy Keith Shipman, pleaded guilty to the felony offense of delivery of a controlled substance, and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for nine years. After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea-bargain case and the defendant has no right to appeal. Appellant did not request the trial court's permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. We conclude that the certification of the right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargain. TEX. R. APP. P. 25.2(a). Because appellant has no right of appeal, we must dismiss this appeal "without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).Accordingly, the appeal is dismissed for lack of jurisdiction. Any pending motions are denied as moot.


Summaries of

Shipman v. State

Court of Appeals of Texas, First District, Houston
Nov 12, 2009
No. 01-09-00842-CR (Tex. App. Nov. 12, 2009)
Case details for

Shipman v. State

Case Details

Full title:SAMMY KEITH SHIPMAN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 12, 2009

Citations

No. 01-09-00842-CR (Tex. App. Nov. 12, 2009)