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Schroeder v. State

Court of Appeals of Texas, First District, Houston
Jul 28, 2005
Nos. 01-05-00537-CR, 01-05-00538-CR (Tex. App. Jul. 28, 2005)

Opinion

Nos. 01-05-00537-CR, 01-05-00538-CR

July 28, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 263rd District Court, County, Texas, Trial Court Cause Nos. 1011348 and 1014611.

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


MEMORANDUM OPINION


Appellant pleaded guilty to the offenses of aggravated assault and possession of a controlled substance and, in accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for two years on each case. Appellant filed timely notices of appeal. 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 each 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 appeals for lack of jurisdiction.


Summaries of

Schroeder v. State

Court of Appeals of Texas, First District, Houston
Jul 28, 2005
Nos. 01-05-00537-CR, 01-05-00538-CR (Tex. App. Jul. 28, 2005)
Case details for

Schroeder v. State

Case Details

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

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

Date published: Jul 28, 2005

Citations

Nos. 01-05-00537-CR, 01-05-00538-CR (Tex. App. Jul. 28, 2005)