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Delgado v. State

Court of Appeals of Texas, First District, Houston
Oct 28, 2004
No. 01-04-00874-CR (Tex. App. Oct. 28, 2004)

Opinion

No. 01-04-00874-CR

Opinion Issued October 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause No. 972010.

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


MEMORANDUM OPINION


Appellant pleaded guilty to the offense of aggravated robbery and true to the elements in an enhancement paragraph that he had a prior felony conviction. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 15 years. Appellant filed a timely pro se notice of appeal. We dismiss for lack of jurisdiction. 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. Griffin v. State, No. 1092-03, passim (Tex.Crim.App. Sept. 29, 2004) (designated for publication); Cooper v. State, 45 S.W.3d 77, 80 (Tex.Crim.App. 2001); TEX. R. APP. P. 25.2(a)(2). The trial court's certification of appellant's right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the certification. 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). Accordingly, we dismiss the appeal for lack of jurisdiction.


Summaries of

Delgado v. State

Court of Appeals of Texas, First District, Houston
Oct 28, 2004
No. 01-04-00874-CR (Tex. App. Oct. 28, 2004)
Case details for

Delgado v. State

Case Details

Full title:ISAIAH DELGADO, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 28, 2004

Citations

No. 01-04-00874-CR (Tex. App. Oct. 28, 2004)