Opinion
No. 05-08-01498-CR
Opinion Filed August 5, 2009. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F07-72258-MT.
Before Justices WRIGHT, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Terry Lance Youngblood entered a guilty plea to the offense of sexual assault with an agreement from the State capping his punishment at ten years' confinement. As part of the plea agreement, appellant waived in writing his right to appeal. See Blanco v. State, 18 S.W.3d 218 (Tex.Crim.App. 2000). In accordance with the parties' plea agreement, the trial court assessed punishment at ten years' confinement. The trial court issued a Rule 25.2(d) certification showing appellant has no right to appeal due to the plea bargain. See Tex. R. App. P. 25.2(d). The record supports the trial court's certification. See Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). The parties' agreement to a sentencing cap is a plea bargain for purposes of Rule 25.2(a)(2). See Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006); Wilson v. State, 264 S.W.3d 104, 108 (Tex.App.-Houston [1st Dist.] 2007, no pet.). Thus, appellant may appeal only (1) those matters raised by written motion and ruled on before trial, or (2) after obtaining the trial court's permission to appeal. See Tex. R. App. P. 25.2(a)(2). The record does not contain any pretrial motions or rulings that would serve as a basis for appeal. The trial court's certification shows the trial court has not given appellant permission to appeal. Appellant entered into a plea bargain agreement and waived his right to appeal. The trial court has certified appellant has no right to appeal. Accordingly, we dismiss the appeal for want of jurisdiction.