Opinion
No. 01-10-00316-CR
Opinion issued August 19, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 337th District Court, Harris County, Texas, Trial Court Case No. 1245699.
Panel consists of Chief Justice RADACK and Justices BLAND and SHARP.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. Appellant, Margarita Disla, pleaded guilty to the offense of possession of a controlled substance, namely, cocaine, in an amount less than one gram, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement in the Harris County Jail for 10 days. After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea-bargain case and the defendant has no right to appeal. Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant filed a timely pro se notice of appeal. We conclude that the trial court's certification that appellant has no right of appeal, as shown on the form entitled "Trial Court's Certification of Right of Appeal," is supported by the record that shows he entered into an agreed plea bargain with the State. TEX. R. APP. P. 25.2 (a). Because appellant has no right of appeal, we must dismiss this appeal "without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). Accordingly, the appeal is dismissed for lack of jurisdiction. We deny any pending motions as moot.
Appellant was sentenced pursuant to TEX. PENAL CODE ANN. § 12.44 (a) (Vernon Supp. 2009).