Opinion
No. 01-04-00598-CR
July 22, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 984601.
Panel consists of Chief Justice RADACK, and Justices KEYES and BLAND.
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of forgery of a commercial instrument, a state jail felony. Appellant pleaded true to paragraphs alleging that she had twice been convicted of forgery of a commercial instrument, but not that the second prior offense was committed subsequently to the first prior offense having become final. The enhancement paragraphs raised appellant's punishment level to that of a third degree felony. See TEX. PEN. CODE ANN. §§ 12.42(a) (Vernon 2003 Supp. 2004), 32.21(d) (Vernon Supp. 2004). In accordance with her plea bargain agreement with the State, the trial court sentenced appellant to confinement for three 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. 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, and also that appellant waived the right to appeal. The record supports the certification. 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.