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James v. State

Court of Appeals of Texas, First District, Houston
Apr 6, 2006
No. 01-06-00132-CR (Tex. App. Apr. 6, 2006)

Opinion

No. 01-06-00132-CR

Opinion issued April 6, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 262ndth District Court, Harris County, Texas, Trial Court Cause No. 1054430.

Panel consists of Justices NUCHIA, KEYES, and HANKS.


MEMORANDUM OPINION


Appellant pleaded guilty to the felony offense of possession of a controlled substance and pleaded true to two enhancement paragraphs. In accordance with his plea bargain agreement with the state, the trial court sentenced appellant to confinement for two years. Appellant filed a timely pro se notice of appeal 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). We note that appellant also 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. All pending motions are dismissed as moot.


Summaries of

James v. State

Court of Appeals of Texas, First District, Houston
Apr 6, 2006
No. 01-06-00132-CR (Tex. App. Apr. 6, 2006)
Case details for

James v. State

Case Details

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

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

Date published: Apr 6, 2006

Citations

No. 01-06-00132-CR (Tex. App. Apr. 6, 2006)