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Joyce v. State

Court of Appeals of Texas, First District, Houston
Aug 24, 2006
Nos. 01-06-00685-CR, 01-06-00686-CR (Tex. App. Aug. 24, 2006)

Opinion

Nos. 01-06-00685-CR, 01-06-00686-CR

August 24, 2006 DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 180th District Court, Harris County, Texas, Trial Court Cause Nos. 1067147 and 1067148.

Panel consists of Chief Justice RADACK, and Justices TAFT and NUCHIA.


MEMORANDUM OPINION


Appellant, Johnny Ray Joyce, pleaded guilty to the state jail felony offenses of evading arrest and unauthorized use of a motor vehicle and, in accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement for two years in each case. 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. Tex.R.App.P. 25.2(a)(2); 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). The trial court's certification of appellant's right to appeal in each 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 in each case. 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 dismissed as moot.


Summaries of

Joyce v. State

Court of Appeals of Texas, First District, Houston
Aug 24, 2006
Nos. 01-06-00685-CR, 01-06-00686-CR (Tex. App. Aug. 24, 2006)
Case details for

Joyce v. State

Case Details

Full title:JOHNNY RAY JOYCE, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 24, 2006

Citations

Nos. 01-06-00685-CR, 01-06-00686-CR (Tex. App. Aug. 24, 2006)