Opinion
No. 01-09-00599-CR
Opinion issued August 31, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 248th District Court Harris County, Texas, Trial Court Cause No. 1203906.
Panel consists of Justices KEYES, HANKS, and BLAND.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. Appellant, Sherman Dwayne Waller, pleaded guilty to the offense of possession of a controlled substance, namely cocaine weighing more than 4grams and less than 200 grams by aggregate weight, including any adulterants and dilutants. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 12 years. Along with the plea, appellant, appellant's counsel, and the State signed a stipulation of evidence which included, among others, the following statements: "I intend to enter a plea of guilty and understand that the prosecutor will recommend that my punishment should be set at 12 years TDC; I agree to that recommendation . . . Further, I waive my right of appeal which I may have should the court accept the foregoing plea bargain agreement between myself and the prosecutor." The trial court's judgment is stamped, "Appeal waived. No permission to appeal granted." 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 filed a timely pro se notice of 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.
Sherman Dwayne Waller is also known as Sherman Dwayne Walker.