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Ivory v. State

Court of Appeals of Texas, First District, Houston
Oct 28, 2004
Nos. 01-04-00986-CR, 01-04-00987-CR (Tex. App. Oct. 28, 2004)

Opinion

Nos. 01-04-00986-CR, 01-04-00987-CR

Opinion Issued October 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause Nos. 980498 and 978813.

Panel consists of Justices TAFT, JENNINGS, and BLAND.


MEMORANDUM OPINION


Appellant pleaded guilty to two separate offenses of aggravated robbery and, in accordance with a plea bargain agreement, the trial court sentenced appellant to confinement for 13 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); 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 certifications of appellant's right to appeal 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). Accordingly, we dismiss the appeals for lack of jurisdiction.


Summaries of

Ivory v. State

Court of Appeals of Texas, First District, Houston
Oct 28, 2004
Nos. 01-04-00986-CR, 01-04-00987-CR (Tex. App. Oct. 28, 2004)
Case details for

Ivory v. State

Case Details

Full title:JOSEPH IVORY, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 28, 2004

Citations

Nos. 01-04-00986-CR, 01-04-00987-CR (Tex. App. Oct. 28, 2004)