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Allison v. State

Court of Appeals of Texas, First District, Houston
Jun 26, 2003
Nos. 01-03-00345-CR, 01-03-00346-CR (Tex. App. Jun. 26, 2003)

Opinion

Nos. 01-03-00345-CR, 01-03-00346-CR

Opinion issued June 26, 2003 Do not publish. Tex.R.App.P. 47.2(b).

On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause Nos. 941571 and 936261

Panel consists of Justices HEDGES, NUCHIA, and KEYES.


MEMORANDUM OPINION


Appellant pleaded guilty to possession of cocaine and assault on a public servant. In accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for four years in each case to be served concurrently. Appellant filed timely notice of appeal. 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). The trial court's certification of defendant's right of appeal filed in each case states that this "is a plea-bargain case, and the defendant has NOright of appeal." (Emphasis in original.) SeeTex.R.App.P. 25.2(d). We also note that appellant waived his right to appeal in both cases. See Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.). Accordingly, we dismiss the appeals for lack of jurisdiction.


Summaries of

Allison v. State

Court of Appeals of Texas, First District, Houston
Jun 26, 2003
Nos. 01-03-00345-CR, 01-03-00346-CR (Tex. App. Jun. 26, 2003)
Case details for

Allison v. State

Case Details

Full title:SHAWN CHRISTOPHER ALLISON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 26, 2003

Citations

Nos. 01-03-00345-CR, 01-03-00346-CR (Tex. App. Jun. 26, 2003)