Opinion
No. 01-05-00654-CR
January 19, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 1028496.
Panel consists of Justices NUCHIA, KEYES, and HANKS.
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of sexual assault and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 20 years. Appellant filed a timely 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, 145 S.W.3d 645, 648-49 (Tex.Crim.App. 2004); 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 correctness of the certification. 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). Accordingly, we dismiss the appeal for lack of jurisdiction. Any pending motions are denied as moot.
The trial court's certification of the defendant's right of appeal in the above-referenced case reflects that this is a plea bargain case and appellant has no right to appeal, and that appellant waived his right to appeal. Therefore, on November 28, 2005, we ordered that this appeal would be dismissed unless an amended certification of the defendant's right of appeal, showing that appellant has the right to appeal, was filed no later than December 19, 2005, and made part of the appellate record no later than December 19, 2005. No amended certification of the defendant's right of appeal was filed.