Michael Henry McCaskey v. State ( 2007 )

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00929-CR

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MICHAEL HENRY MCCASKEY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1134805

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MEMORANDUM OPINION

Appellant pleaded guilty to the offense of possession of a firearm by a felon and, in accordance with the plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. Appellant filed a timely pro se notice of appeal. We dismiss for lack of jurisdiction.

After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea- bargain case and the defendant has no right to appeal. No written pretrial motions were ruled on by the trial court, nor did the trial court give its permission for appellant to appeal. We conclude that the certification of the right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargains. Tex. R. App. P. 25.2(a). We must dismiss the appeal "without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).  

   Accordingly, we dismiss the appeal for lack of jurisdiction.

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley

Do not publish.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