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Campbell v. State

Court of Appeals of Texas, First District, Houston
Feb 16, 2006
Nos. 01-06-00019-CR, 01-06-00020-CR (Tex. App. Feb. 16, 2006)

Opinion

Nos. 01-06-00019-CR, 01-06-00020-CR

February 16, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 184th District Court, Harris County, Texas, Trial Court Cause Nos. 1038495 and 1038496.

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


MEMORANDUM OPINION


Appellant April Shawnraia Campbell pleaded guilty to the felony offense of aggravated assault in trial court cause number 1038495 and to the felony offense of unlawful possession of firearm by a felon in cause number 1038496. In accordance with her plea bargain agreements with the state, the trial court sentenced appellant to confinement for four years in cause number 1038495 and to confinement for 11 years in cause number 1038496. Appellant filed a timely pro se notice of appeal in each case. 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). 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). The trial court's certification of appellant's right to appeal in each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certifications. 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 in each case. 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. Any pending motions are dismissed as moot.


Summaries of

Campbell v. State

Court of Appeals of Texas, First District, Houston
Feb 16, 2006
Nos. 01-06-00019-CR, 01-06-00020-CR (Tex. App. Feb. 16, 2006)
Case details for

Campbell v. State

Case Details

Full title:APRIL SHAWNRAIA CAMPBELL, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 16, 2006

Citations

Nos. 01-06-00019-CR, 01-06-00020-CR (Tex. App. Feb. 16, 2006)