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Kimble v. State

Court of Appeals of Texas, First District, Houston
Sep 29, 2005
No. 01-05-00730-CR (Tex. App. Sep. 29, 2005)

Opinion

No. 01-05-00730-CR

Opinion issued September 29, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause No. 1018592.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


Appellant pleaded guilty to the offense of robbery and, in accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for three 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. 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 (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.


Summaries of

Kimble v. State

Court of Appeals of Texas, First District, Houston
Sep 29, 2005
No. 01-05-00730-CR (Tex. App. Sep. 29, 2005)
Case details for

Kimble v. State

Case Details

Full title:JIMMY KIMBLE, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 29, 2005

Citations

No. 01-05-00730-CR (Tex. App. Sep. 29, 2005)