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 2005-12

Homer Lee Brown, Jr. v. State ( 2005 )


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      In The

    Court of Appeals

    For The  

    First District of Texas

    ____________


    NO. 01-05-00854-CR

    ____________


    HOMER LEE BROWN, Appellant


    V.


    THE STATE OF TEXAS, Appellee




    On Appeal from the 253rd Judicial District Court

    Chambers County, Texas

    Trial Court Cause No. 13230



     

    MEMORANDUM OPINION

                        Appellant pleaded guilty to the first degree felony offense of aggravated robbery and pleaded true to the allegations in two enhancement paragraphs. In accordance with appellant’s plea bargain agreement with the state, the trial court sentenced appellant to confinement for 30 years with an affirmative finding that a deadly weapon was used during the commission of the offense. Appellant filed a timely 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 correctness of the certification. Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). 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 note that appellant also 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.

                   All pending motions are denied as moot.

    PER CURIAM

    Panel consists of Justices Nuchia, Jennings, and Higley.

    Do not publish.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