Andelino v. State

Full title: JOSE BALLEJOS aka JOSE ANDELINO, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 10, 2003

No. 01-03-00133-CR (Tex. App. Apr. 10, 2003)

Opinion

No. 01-03-00133-CR.

Opinion Issued April 10, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

Appeal from the 344th District Court, Chambers County, Texas, Trial Court Cause No. 12156.

Before Justices TAFT, KEYES, and HIGLEY.

MEMORANDUM OPINION

PER CURIAM

Appellant pleaded guilty to possession of cocaine weighing 200 grams or more, but less than 400 grams. In accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for 12 years. Appellant filed timely notice of appeal. We dismiss for lack of jurisdiction. Newly-amended 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 states that this "is a plea-bargain case, and the defendant has NO right of appeal." Accordingly, we dismiss the appeal for lack of jurisdiction.