Kelvin Tracey Harris v. State ( 2003 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-00114-CR

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KELVIN TRACEY HARRIS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 928053

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MEMORANDUM OPINION

               Appellant pleaded guilty to theft as a third offender and, in accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for 10 months in state jail. Appellant filed timely notice of appeal. We dismiss for lack of jurisdiction.

               Newly-amended Rule 25.2(a) of the Texas Rules of Appellate Procedure provides, in pertinent part:

In a plea bargain case — that is, a case in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant — a defendant may appeal only:

(A)those matters that were raised by written motion filed and ruled on before trial, or

(B)after getting the trial court’s permission to appeal.

Tex. R. App. P. 25.2(a)(2).

               The trial court’s certification of defendant’s right of appeal states that this “is a plea-bargain case, and the defendant has NO right of appeal.”

               We also note that appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.—Houston [1st Dist.] 2001, no pet.).

               Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Higley.

Do not publish.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