Opinion
No. 01-05-00844-CR
Opinion issued January 5, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 179th District Court, Harris County, Texas, Trial Court Cause No. 1027623.
Panel consists of Justices RADACK, ALCALA, and BLAND.
MEMORANDUM OPINION
The trial court's certification of the defendant's right of appeal in the above-referenced case reflects that appellant has no right to appeal. An appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record. TEX. R. APP. P. 25.2(d). Therefore, on November 30, 2005, we ordered that this appeal would be dismissed unless an amended certification of the defendant's right of appeal, showing that appellant has the right to appeal, was filed no later than December 15, 2005, and made part of the appellate record no later than December 15, 2005. No amended certification of the defendant's right of appeal was filed. Accordingly, the appeal is dismissed. Any pending motions are denied as moot. It is so ORDERED.
The record supports the correctness of the certification. Dears v. State, 154 S.W.3d 610, 614-15 (Tex.Crim.App. 2005). Appellant pleaded guilty to the offense of aggravated sexual assault of a child and, in accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for five years. 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).
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.). The trial court's judgment is stamped, "Appeal waived. No permission to appeal granted."