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Barrera v. State

Court of Appeals of Texas, First District, Houston
Feb 12, 2004
Nos. 01-03-01182-CR, 01-03-01217-CR, 01-03-01221-CR (Tex. App. Feb. 12, 2004)

Opinion

Nos. 01-03-01182-CR, 01-03-01217-CR, 01-03-01221-CR.

Opinion issued February 12, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 183rd District Court, Harris County, Texas Trial Court Cause Nos. 937531, 937530, and 941997.

Panel consists of Chief Justice RADACK, and Justices JENNINGS and HIGLEY.


MEMORANDUM OPINION


Appellant pleaded guilty to the third degree felony offense of assault and to two separate offenses of aggravated robbery. In accordance with plea bargain agreements between appellant and the State, the trial court sentenced appellant to confinement for two years in the assault case and eight years in each of the aggravated robbery cases. Appellant filed timely pro se notices of appeal. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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. TEX. R. APP. P. 25.2(a)(2). The trial court's certifications of appellant's right to appeal in these cases state that these are plea-bargained cases and appellant has no right to appeal. Therefore, neither of the exceptions to Rule 25.2(a)(2) applies. We must dismiss an appeal unless the record includes a certification that shows the appellant has the right to appeal. See TEX. R. APP. P. 25.2(d). We also note that appellant affirmatively waived his right to appeal in all three 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

Barrera v. State

Court of Appeals of Texas, First District, Houston
Feb 12, 2004
Nos. 01-03-01182-CR, 01-03-01217-CR, 01-03-01221-CR (Tex. App. Feb. 12, 2004)
Case details for

Barrera v. State

Case Details

Full title:EMILIO BARRERA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 12, 2004

Citations

Nos. 01-03-01182-CR, 01-03-01217-CR, 01-03-01221-CR (Tex. App. Feb. 12, 2004)