Jose Herberto Amezcua v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-01297-CR

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JOSE AMEZCUA, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 961154

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MEMORANDUM OPINION

               Appellant pleaded guilty to possession of less than one gram of cocaine and, in accordance with the plea bargain agreement between appellant and the State, the trial court deferred adjudication of guilt, placed appellant on community supervision for four years, and assessed a $700 fine. We dismiss the appeal 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 obtaining the trial court’s permission to appeal. 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. Therefore, neither of the exceptions to Rule 25.2(a)(2) applies. 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.

               All pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Higley.

Do not publish.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