Courtv.State

Court of Appeals of Texas, First District, HoustonFeb 1, 2007
No. 01-07-00020-CR (Tex. App. Feb. 1, 2007)

No. 01-07-00020-CR.

Opinion issued February 1, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 262nd District Court, Harris County, Texas, Trial Court Cause No. 1060574.

Panel consists of Justices TAFT, ALCALA, and HANKS.


MEMORANDUM OPINION


PER CURIAM.

Appellant pleaded guilty to the second degree felony offense of possession of a controlled substance and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. Appellant filed a 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. 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 did not give permission to appeal. Additionally, the record reflects that the appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.). The trial court's certification of appellant's right to appeal in this case states that the appellant has waived the right to appeal. The record supports the correctness of the certification. 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). Accordingly, we dismiss the appeal for lack of jurisdiction. Any pending motions are denied as moot.