Marcquette La Vell Jones v. State ( 2006 )

In The

Court of Appeals

For The  

First District of Texas

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NOS. 01-06-00559-CR

          01-06-00574-CR

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MARQUETTE LAVELL JONES, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause Nos. 1068604 and 1068607   

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MEMORANDUM OPINION

          Appellant, Marquette Lavell Jones pleaded guilty to two separate offenses of possession of a controlled substance and in accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years in each case. Appellant filed a timely pro se notices of appeal

                    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); 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).

          The trial court’s certification of appellant’s right to appeal in each case states that this is a plea-bargained case and appellant has no right to appeal. The record in each case 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 in each case 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 appeals for lack of jurisdiction.

All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Taft and Nuchia.

Do not publish.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