Roger Earl Shelley v. State ( 2003 )

In The

Court of Appeals

For The  

First District of Texas

____________

NO. 01-03-01002-CR

____________

ROGER EARL SHELLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 960581

---

MEMORANDUM OPINION

               Appellant pleaded guilty to unauthorized use of a motor vehicle and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for two years. A timely pro se notice of appeal was filed. We dismiss for lack of jurisdiction.

               Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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 getting the trial court’s permission to appeal. Tex. R. App. P. 25.2(a)(2). Neither exception applies in this case.

               In addition, appellant waived his right to appeal in the plea papers. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.—Houston [1st Dist.] 2001, no pet.). The trial court’s certification of defendant’s right to appeal states that appellant waived the right to appeal. The certification was signed by appellant and his counsel. We must dismiss an appeal unless the record includes a certification that shows the appellant has the right of appeal. See Tex. R. App. P. 25.2(d).

               Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hedges, Alcala, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).