Opinion
No. 01-03-00887-CR
September 25, 2003
On Appeal from the 185th District Court, Harris County, Texas, Trial Court Cause No. 955354
Panel consists of Justices TAFT, JENNINGS, and HANKS. Do not publish. Tex.R.App.P. 47.2(b).
MEMORANDUM OPINION
Appellant pleaded guilty to possession of cocaine, weighing more than one gram and less than four grams and, in accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. Timely notice of appeal was filed. 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). Appellant also waived his right to appeal. See Buck v. State , 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.). The trial court's certification of appellant's right of appeal reflects that there is no right of appeal because there was a plea-bargain and appellant waived his right of appeal. See Tex.R.App.P. 25.2(d). Accordingly, we dismiss for lack of jurisdiction.