Patrick Heywood Davis v. State ( 2004 )


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    In The

    Court of Appeals

    For The  

    First District of Texas

    ____________


    NO. 01-04-01040-CR

    ____________


    PATRICK HEYWOOD DAVIS, Appellant


    V.


    THE STATE OF TEXAS, Appellee





    On Appeal from the 339th District Court

    Harris County, Texas

    Trial Court Cause No. 972596




     

    MEMORANDUM OPINION

                   Appellant pleaded guilty to the offense of credit card abuse and true to the allegations in two enhancement paragraphs that he had prior felony convictions. In accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for two years. Appellant filed a timely pro se 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’s certification of appellant’s right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the certification. 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).

                   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 Nuchia, Hanks, and Higley.

    Do not publish.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

Document Info

Docket Number: 01-04-01040-CR

Filed Date: 11/18/2004

Precedential Status: Precedential

Modified Date: 9/2/2015