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Williams v. State

Court of Appeals of Texas, First District, Houston
Jan 11, 2007
No. 01-06-00992-CR (Tex. App. Jan. 11, 2007)

Opinion

No. 01-06-00992-CR.

January 11, 2007 DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 183rd District Court, Harris County, Texas, Trial Court Cause No. 1083555.

Panel consists of Justices TAFT, HANKS, and ALCALA.


MEMORANDUM OPINION


Appellant pleaded guilty to the state jail felony offense of possession of a controlled substance and, and in accordance with her plea bargain agreement with the State, the trial court sentenced appellant to confinement for six months. Appellant filed a timely notice of appeal. We dismiss for lack of jurisdiction. 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 obtaining the trial court's permission to appeal. Griffin v. State, 145 S.W.3d 645, 648-49 (Tex.Crim.App. 2004); Cooper v. State, 45 S.W.3d 77, 80 (Tex.Crim.App. 2001); Tex. R. App. P. 25.2(a)(2). The trial court's certification of appellant's right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certification. Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). We must dismiss an appeal if the trial court's certification shows there is no right to appeal. See Tex. R. App. P. 25.2(d). We note that appellant also 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

Williams v. State

Court of Appeals of Texas, First District, Houston
Jan 11, 2007
No. 01-06-00992-CR (Tex. App. Jan. 11, 2007)
Case details for

Williams v. State

Case Details

Full title:SHAWNTEL MARIE WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 11, 2007

Citations

No. 01-06-00992-CR (Tex. App. Jan. 11, 2007)