Opinion
No. 01-05-00802-CR
Opinion issued February 14, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 178th District Court Harris County, Texas Trial Court Cause No. 1011097.
Panel consists of Justices TAFT, HANKS, and HIGLEY.
MEMORANDUM OPINION
Appellant, Ralph Tyler, pleaded guilty to the offense of aggravated sexual assault of a child and, in accordance with the plea bargain agreement with the State, the trial court sentenced appellant to confinement for 23 years. Appellant filed a timely pro se notice of appeal. We dismiss for lack of jurisdiction. 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. No written pretrial motions were ruled on by the trial court, nor did the trial court give its 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 bargains. TEX. R. APP. P. 25.2(a). Accordingly, we must dismiss the appeal "without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). Accordingly, we dismiss the appeal for lack of jurisdiction. Any pending motions are denied as moot.
We note that the trial court's judgment and sentence incorrectly reflects that the trial court sentenced appellant to confinement for 22 years. The sentence in open court controls over a written judgment that conflicts with the oral pronouncement. A judgment nunc pro tunc is the appropriate remedy to correct the judgment when it does not mirror the judgment actually rendered. Alvarez v. State, 605 S.W. 2d 615, 617 (Tex.Crim.App. 1980). We suggest that the trial court review its records for consideration of judgment nunc pro tunc.