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Gilliam v. State

Court of Appeals of Texas, First District, Houston
Feb 12, 2004
No. 01-04-00029-CR (Tex. App. Feb. 12, 2004)

Opinion

No. 01-04-00029-CR.

Opinion issued February 12, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 965643.

Panel consists of Justices TAFT, KEYES, and BLAND.


MEMORANDUM OPINION


Appellant pleaded guilty to attempted tampering with a governmental record and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement in State jail for 20 months. Appellant filed a timely pro se notice of appeal. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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). 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. Therefore, neither of the exceptions to Rule 25.2(a)(2) applies. We must dismiss an appeal unless the record includes a certification that shows the appellant has the right to appeal. See TEX. R. APP. P. 25.2(d). We also note that appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.). Accordingly, we dismiss the appeal for lack of jurisdiction.


Summaries of

Gilliam v. State

Court of Appeals of Texas, First District, Houston
Feb 12, 2004
No. 01-04-00029-CR (Tex. App. Feb. 12, 2004)
Case details for

Gilliam v. State

Case Details

Full title:DAVID MICHAEL GILLIAM, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 12, 2004

Citations

No. 01-04-00029-CR (Tex. App. Feb. 12, 2004)