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 2006-02

Lavern Mayfield Brown v. State ( 2006 )


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    In The

    Court of Appeals

    For The  

    First District of Texas

    ____________


    NOS. 01-06-00017-CR

              01-06-00073-CR

    ____________


    LAVERN MAYFIELD BROWN, Appellant


    V.


    THE STATE OF TEXAS, Appellee




    On Appeal from the 230th District Court

    Harris County, Texas

    Trial Court Cause Nos. 1047599 and 1034349  



     

    MEMORANDUM OPINION

                   Appellant, Lavern Mayfield Brown, pleaded guilty to two separate felony offenses of possession of a controlled substance in trial court cause numbers 1047599 and 1034349. In cause number 1034349, he pleaded true to the allegations in two enhancement paragraphs that he had two prior felony convictions. In accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement in each case for three years. Appellant filed timely notices of appeal. We dismiss the cases 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 each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certifications. 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 in each case. 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.

                   Any pending motions are denied as moot.

    PER CURIAM

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

    Do not publish.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