Brian Keith Biagas v. State ( 2006 )


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  • In The



    Court of Appeals



    Ninth District of Texas at Beaumont



    ____________________



    NO. 09-05-490 CR

    ____________________



    BRIAN KEITH BIAGAS, Appellant



    V.



    THE STATE OF TEXAS, Appellee




    On Appeal from the Criminal District Court

    Jefferson County, Texas

    Trial Cause No. 94525




    MEMORANDUM OPINION

    Brian Keith Biagas was convicted and sentenced on an indictment for attempted arson. Biagas filed a notice of appeal on November 4, 2005. The trial court entered a certification of the defendant's right to appeal in which the court certified that this is a plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a). At our request, the district clerk provided a clerk's record. We reviewed the record to determine our jurisdiction and the correctness of the certification. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).

    Biagas pled no contest to the charged offense and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See Tex. R. App. P. 25.2(a)(2). There is no written motion ruled on prior to trial, and the trial court did not grant permission to appeal. Id. We conclude that the trial court's certification is correct, and Biagas does not have the right to appeal.

    Accordingly, we dismiss the appeal for want of jurisdiction.

    APPEAL DISMISSED.

    ___________________________

    HOLLIS HORTON

    Justice



    Opinion Delivered March 1, 2006

    Do Not Publish

    Before Gaultney, Kreger, and Horton, JJ.

Document Info

Docket Number: 09-05-00490-CR

Filed Date: 3/1/2006

Precedential Status: Precedential

Modified Date: 9/9/2015