Opinion
No. 01-03-00575-CR
August 7, 2003. Do Not Publish. Tex.R.App.P. 47.2(b).
On Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause No. 927873.
Panel consists of Justices HEDGES, NUCHIA, and KEYES.
MEMORANDUM OPINION
Appellant pleaded guilty to possession of marihuana in an amount more than 50 pounds, but less than 2000 pounds. In accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for eight years. Appellant filed a timely notice of appeal. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides, in pertinent part:
In a plea bargain case — that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant — a defendant may appeal only:
(A) those matters that were raised by written motion filed and ruled on before trial, or
(B) after getting the trial court's permission to appeal.Tex.R.App.P. 25.2(a)(2). The trial court's certification of defendant's right of appeal states that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex.R.App.P. 25.2(d). Accordingly, we dismiss the appeal for lack of jurisdiction.