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Staggs v. State

Court of Appeals of Texas, First District, Houston
Jun 17, 2010
No. 01-10-00384-CR (Tex. App. Jun. 17, 2010)

Opinion

No. 01-10-00384-CR

Opinion issued June 17, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 337th District Court, Harris County, Texas, Trial Court Case No. 1257489.

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


MEMORANDUM OPINION


We lack jurisdiction to hear this appeal. Appellant Kenneth W. Staggs, pleaded guilty to the offense of possession of a controlled substance with intent to deliver, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea-bargain case and the defendant has no right to appeal. Appellant did not request the trial court's permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant filed a timely pro se notice of appeal. We conclude that the certification of right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargain. TEX. R. APP. P. 25.2 (a). Because appellant has no right of appeal, we must dismiss this appeal "without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). Accordingly, the appeal is dismissed for lack of jurisdiction. We deny any pending motions as moot.


Summaries of

Staggs v. State

Court of Appeals of Texas, First District, Houston
Jun 17, 2010
No. 01-10-00384-CR (Tex. App. Jun. 17, 2010)
Case details for

Staggs v. State

Case Details

Full title:KENNETH W. STAGGS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 17, 2010

Citations

No. 01-10-00384-CR (Tex. App. Jun. 17, 2010)