Opinion
No. 01-04-00028-CR.
February 26, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 962644.
Panel consists of Justices NUCHIA, ALCALA, and HANKS.
MEMORANDUM OPINION
Appellant pleaded guilty to aggravated robbery and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for five years. Appellant filed a timely pro se notice of appeal. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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. Therefore, neither of the exceptions to Rule 25.2(a)(2) applies. We must dismiss an appeal unless the record includes a certification that shows the appellant has the 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. All pending motions are denied as moot.