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Hunter v. State

Court of Appeals of Texas, First District, Houston
Oct 14, 2004
Nos. 01-04-00766-CR, 01-04-00767-CR (Tex. App. Oct. 14, 2004)

Opinion

Nos. 01-04-00766-CR, 01-04-00767-CR

October 14, 2004 DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 338th District Court Harris County, Texas, Trial Court Cause Nos. 970076 and 970077.

Panel consists of Justices NUCHIA, HANKS, and HIGLEY.


MEMORANDUM OPINION


Appellant, Archie Artie Hunter, pleaded guilty to two charges of forgery of a commercial instrument. He also pleaded true to the elements in two enhancement paragraphs that he had prior felony convictions. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 17 years in each case. Appellant filed a timely pro se notice of appeal that included both cause numbers. We dismiss the appeals 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); Tex.R.App.P. 25.2(a)(2). The trial court's certifications of appellant's right to appeal in these cases state that these are plea-bargained cases and appellant has no right to appeal. The record supports the certifications. 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). 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 appeals for lack of jurisdiction. All pending motions are denied as moot.


Summaries of

Hunter v. State

Court of Appeals of Texas, First District, Houston
Oct 14, 2004
Nos. 01-04-00766-CR, 01-04-00767-CR (Tex. App. Oct. 14, 2004)
Case details for

Hunter v. State

Case Details

Full title:ARCHIE ARTIE HUNTER, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 14, 2004

Citations

Nos. 01-04-00766-CR, 01-04-00767-CR (Tex. App. Oct. 14, 2004)