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Morris v. State

Court of Appeals of Texas, First District, Houston
Jun 29, 2006
No. 01-06-00523-CR (Tex. App. Jun. 29, 2006)

Opinion

No. 01-06-00523-CR

June 29, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 180th District Court, Harris County, Texas, Trial Court Cause No. 1066191.

Panel consists of Justices JENNINGS, HANKS, and HIGLEY.


MEMORANDUM OPINION


Appellant, Willie Charles Morris, pleaded guilty to the misdemeanor offense of theft and pleaded true to the allegations in two enhancement paragraphs that he had two prior theft convictions. In accordance with appellant's plea bargain agreement with the State, the trial court sentenced appellant to confinement for nine months. 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 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). 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. All pending motions are dismissed as moot.


Summaries of

Morris v. State

Court of Appeals of Texas, First District, Houston
Jun 29, 2006
No. 01-06-00523-CR (Tex. App. Jun. 29, 2006)
Case details for

Morris v. State

Case Details

Full title:WILLIE CHARLES MORRIS, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 29, 2006

Citations

No. 01-06-00523-CR (Tex. App. Jun. 29, 2006)