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Paillet v. State

Court of Appeals of Texas, First District, Houston
Feb 5, 2004
Nos. 01-03-01161-CR, 01-03-01162-CR (Tex. App. Feb. 5, 2004)

Opinion

Nos. 01-03-01161-CR, 01-03-01162-CR

Filed February 5, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 228th District Court, Harris County, Texas, Trial Court Cause Nos. 941770 and 941769.

Panel consists of Justices TAFT, KEYES, and BLAND.


MEMORANDUM OPINION


Appellant pleaded guilty to two charges of robbery by threats and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for four years in each case. Appellant filed timely pro se notices 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 certifications of appellant's right to appeal in these cases state that these are plea-bargained cases 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 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.


Summaries of

Paillet v. State

Court of Appeals of Texas, First District, Houston
Feb 5, 2004
Nos. 01-03-01161-CR, 01-03-01162-CR (Tex. App. Feb. 5, 2004)
Case details for

Paillet v. State

Case Details

Full title:VICTOR L. PAILLET, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 5, 2004

Citations

Nos. 01-03-01161-CR, 01-03-01162-CR (Tex. App. Feb. 5, 2004)