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King v. State

Court of Appeals of Texas, First District, Houston
Jan 19, 2006
No. 01-05-01132-CR (Tex. App. Jan. 19, 2006)

Opinion

No. 01-05-01132-CR

Opinion issued January 19, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 184th District Court, Harris County, Texas, Trial Court Cause No. 1036414.

Panel consists of Chief Justice RADACK, and Justices JENNINGS, and ALCALA.


MEMORANDUM OPINION


Appellant pleaded guilty to the second degree felony offense of robbery and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. 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, 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). Accordingly, we dismiss the appeal for lack of jurisdiction. All pending motions are dismissed as moot.


Summaries of

King v. State

Court of Appeals of Texas, First District, Houston
Jan 19, 2006
No. 01-05-01132-CR (Tex. App. Jan. 19, 2006)
Case details for

King v. State

Case Details

Full title:BERTRAL CHENEIR KING, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 19, 2006

Citations

No. 01-05-01132-CR (Tex. App. Jan. 19, 2006)