Francisco Cruz Aguayo v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-01352-CR

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FRANCISCO CRUZ AGUAYO, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 939048

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MEMORANDUM OPINION

               Appellant pleaded no contest to third degree felony assault and, in accordance with a plea bargain agreement with the State, the trial court deferred adjudication and placed appellant on community supervision for three years. The State filed a motion to adjudicate guilt to which appellant pleaded true with a plea agreement of confinement for two years. The trial court followed this agreement in pronouncing sentence. Appellant filed a timely pro se notice of appeal.

               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 obtaining the trial court’s permission to appeal. Tex. R. App. P. 25.2(a)(2).

               Appellant pleaded guilty to the charge; he entered into a punishment agreement with the State when he was adjudged guilty; and the trial court did not exceed that agreement at sentencing. This appeal is therefore limited by Rule 25.2(a). Comb v. State, 101 S.W.3d 724, 725-26 (Tex. App.—Houston [1st Dist.] 2003, no pet.); see also Teel v. State, 104 S.W.3d 266, 267-68 (Tex. App.—Beaumont 2003, no pet.). The trial court’s certification of defendant’s right of appeal states that this is a plea-bargained case, and the defendant has no 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 Chief Justice Radack, and Justices Jennings and Higley.

Do not publish.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