From Casetext: Smarter Legal Research

Spates v. State

Court of Appeals of Texas, First District, Houston
May 13, 2004
Nos. 01-04-00252-CR, 01-04-00253-CR (Tex. App. May. 13, 2004)

Opinion

Nos. 01-04-00252-CR, 01-04-00253-CR.

May 13, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 176th District Court, Harris County, Texas, Trial Court Cause Nos. 943030 and 943031.

Panel consists of Justices TAFT, HANKS, and HIGLEY.


MEMORANDUM OPINION


Appellant pleaded guilty to two charges of delivery of cocaine weighing more than four grams and less than 200 grams. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for eight years in each case. Appellant filed timely 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. Tex.R.App.P. 25.2(a)(2). The trial court's certifications of appellant's right to appeal state that these are plea-bargained cases and appellant has no right to appeal. The record supports the certifications. 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 also note that appellant waived his right to appeal in both cases. 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

Spates v. State

Court of Appeals of Texas, First District, Houston
May 13, 2004
Nos. 01-04-00252-CR, 01-04-00253-CR (Tex. App. May. 13, 2004)
Case details for

Spates v. State

Case Details

Full title:JAMES ROY SPATES, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 13, 2004

Citations

Nos. 01-04-00252-CR, 01-04-00253-CR (Tex. App. May. 13, 2004)