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 2007-04

Ryan Craig Lanphar v. State ( 2007 )


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  • In The



    Court of Appeals



    Ninth District of Texas at Beaumont

    ____________________



    NO. 09-06-452 CR

    ____________________



    RYAN CRAIG LANPHAR, Appellant



    V.



    THE STATE OF TEXAS, Appellee



    On Appeal from the Criminal District Court

    Jefferson County, Texas

    Trial Cause No. 95485



    MEMORANDUM OPINION

    Appellant Ryan Craig Lanphar pled guilty to the lesser-included offense of robbery after being indicted for aggravated robbery. The record reflects Lanphar pled guilty in exchange for an agreement that the State would not seek punishment of more than ten years of confinement. The trial court convicted Lanphar and sentenced him to six years of confinement.

    Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On January 11, 2007, this Court gave Lanphar an extension of time in which to file a pro se brief. We received no response from Lanphar. Upon submission of the appeal, we have reviewed the record and find we lack jurisdiction over the appeal. As we have found no error within our appellate jurisdiction to resolve, we decline to order appointment of new counsel before disposing of the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).

    A defendant convicted upon a guilty plea pursuant to a plea bargain agreement, when the punishment assessed does not exceed the agreed punishment recommendation, may appeal only those matters that were raised by written motion and ruled on before trial or after obtaining the trial court's permission to appeal. See Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 2006); Tex. R. App. P. 25.2(a)(2). To invoke our appellate jurisdiction, the recitations in a certification must be true and supported by the record. Saldana v. State, 161 S.W.3d 763, 764 (Tex. App.--Beaumont 2005, no pet.). Here, the trial court's certification states that Lanphar's appeal "is not in a plea-bargain case, and the defendant has the right to appeal." However, when Lanphar entered his guilty plea, the State introduced an "Agreed Punishment Recommendation," signed by the prosecutor and defense counsel, wherein the parties agreed that the State would not seek more than ten years of confinement. This constitutes a plea bargain as contemplated by Rule 25.2(a)(2). See Shankle v. State, 119 S.W.3d 808, 813 (Tex. Crim. App. 2003) (An agreement to a punishment cap constitutes a plea bargain.); Tex. R. App. P. 25.2(a)(2). Therefore, Lanphar had a right to appeal only matters raised by written motion filed and ruled on before trial, or with the trial court's permission. Saldana, 161 S.W.3d at 764. This was a plea-bargain case; therefore, the trial court's certification is incorrect. Because the record does not reflect any rulings adverse to Lanphar on any written pre-trial motions, and Lanphar did not obtain the trial court's permission to appeal, we lack jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.

    APPEAL DISMISSED FOR WANT OF JURISDICTION.





    ______________________________

    STEVE McKEITHEN

    Chief Justice





    Submitted on April 6, 2007

    Opinion Delivered April 18, 2007

    Do Not Publish



    Before McKeithen, C.J., Gaultney and Kreger, JJ.