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Smith v. State

Court of Appeals of Texas, First District, Houston
Mar 17, 2005
No. 01-05-00111-CR (Tex. App. Mar. 17, 2005)

Opinion

No. 01-05-00111-CR

Opinion Issued March 17, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 185th District Court, Harris County, Texas, Trial Court Cause No. 1004336.

Panel consists of Chief Justice RADACK and Justices HIGLEY and BLAND.


MEMORANDUM OPINION


Appellant pleaded guilty to the offense of attempted robbery and, in accordance with the plea bargain agreement, the State abandoned the enhancement paragraph that alleged appellant had a prior felony conviction and the trial court sentenced appellant to confinement for two years. Appellant filed a timely pro se notice 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 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, Nos. PD-1963-03, PD-1964-03, PD-1965-03, slip op. 9 (Tex.Crim.App. Jan. 26, 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 appeal for lack of jurisdiction.


Summaries of

Smith v. State

Court of Appeals of Texas, First District, Houston
Mar 17, 2005
No. 01-05-00111-CR (Tex. App. Mar. 17, 2005)
Case details for

Smith v. State

Case Details

Full title:JOSEPH NATHAN SMITH, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 17, 2005

Citations

No. 01-05-00111-CR (Tex. App. Mar. 17, 2005)