Johnny Matthew Hernandez v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NOS. 01-04-00722-CR

          01-04-00775-CR

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JOHNNY MATTHEW HERNANDEZ, 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. 976122 and 988863

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MEMORANDUM OPINION

               Appellant pleaded guilty in cause number 976122 to the offense of credit card abuse and true to the allegations in two enhancement paragraphs that he had two prior felony convictions. Appellant also pleaded guilty to tampering with physical evidence in cause number 988863. In accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement for three years in each case. Appellant filed a timely pro se notice of appeal that included both cause numbers. We dismiss the appeals 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, No. 1092-03, passim (Tex. Crim. App. Sept. 29, 2004) (designated for publication); 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 certifications of appellant’s right to appeal in these cases state that these are plea-bargained cases in which appellant has no right to appeal. The record supports the certifications. 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).

               Accordingly, we dismiss the appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish.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