Everett Dale Webb v. State ( 2007 )

Opinion issued December 20, 2007

    In The

Court of Appeals

For The

First District of Texas

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  NO. 01-07-00412-CR

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EVERETT DALE WEBB, Appellant  

V.  

THE STATE OF TEXAS, Appellee

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  On Appeal from the 21st District Court

Washington County, Texas

Trial Court Cause No. 14,692

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MEMORANDUM OPINION

          Appellant, Everett Dale Webb, pleaded guilty to the offense of sexual assault, and, in accordance with his plea bargain agreement with the State, the trial court assessed his punishment at confinement for five years, suspended the sentence, and placed appellant on community supervision for five years. Appellant filed a timely pro se notice 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 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, 153 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.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish.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