From Casetext: Smarter Legal Research

Walker v. State

Court of Appeals of Texas, First District, Houston
Jan 26, 2006
Nos. 01-05-01030-CR, 01-05-01031-CR (Tex. App. Jan. 26, 2006)

Opinion

Nos. 01-05-01030-CR, 01-05-01031-CR

January 26, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause Nos. 1044199 and 1044200.

Panel consists of Justices TAFT, HIGLEY, and BLAND.


MEMORANDUM OPINION


Appellant, Jerry Lewis Walker, pleaded guilty to the state jail felony offenses of evading arrest and possession of a controlled substanc, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement in each case for 8 months. Appellant filed a timely pro se notices of appeal. 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 certifications. 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). We note that in each case 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.). Accordingly, we dismiss the appeals for lack of jurisdiction. Any pending motions are denied as moot.


Summaries of

Walker v. State

Court of Appeals of Texas, First District, Houston
Jan 26, 2006
Nos. 01-05-01030-CR, 01-05-01031-CR (Tex. App. Jan. 26, 2006)
Case details for

Walker v. State

Case Details

Full title:JERRY LEWIS WALKER, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 26, 2006

Citations

Nos. 01-05-01030-CR, 01-05-01031-CR (Tex. App. Jan. 26, 2006)