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Johnson v. State

Court of Appeals of Texas, First District, Houston
Apr 8, 2004
No. 01-04-00202-CR (Tex. App. Apr. 8, 2004)

Opinion

No. 01-04-00202-CR.

April 8, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 960061.

Panel consists of Justices NUCHIA, JENNINGS, and KEYES.


MEMORANDUM OPINION


Appellant pleaded guilty to the felony offense of possession of a controlled substance and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 10 years. Appellant filed a timely notice of appeal. We dismiss 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. 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 certification. 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 appeal for lack of jurisdiction.


Summaries of

Johnson v. State

Court of Appeals of Texas, First District, Houston
Apr 8, 2004
No. 01-04-00202-CR (Tex. App. Apr. 8, 2004)
Case details for

Johnson v. State

Case Details

Full title:LARRY JERMAINE JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 8, 2004

Citations

No. 01-04-00202-CR (Tex. App. Apr. 8, 2004)

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