Keith Anthony Payton v. State ( 2008 )

Opinion issued June 26, 2008

    In The  

Court of Appeals  

For The  

First District of Texas  

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  NO. 01-07-00723-CR

  __________

KEITH ANTHONY PAYTON, Appellant  

V.

THE STATE OF TEXAS, Appellee  

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On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1127762  

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MEMORANDUM OPINION  

          Keith Anthony Payton, appellant, appeals his conviction for possession of cocaine. Specifically, he contends that his guilty plea was the result of misleading information, that he is an “ unwitting victim of duress or ignorance,” and that his plea was involuntary. We dismiss for want of jurisdiction.

          Jurisdiction

          We must dismiss an appeal if a certification showing that the defendant has the right to appeal is not made a part of the appellate record. Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). The trial court’s “Certification of Defendant’s Rights of Appeal” indicates that this is “a plea bargain case, and defendant has NO right of appeal.” In plea bargain cases, Rule 25.2(a)(2) specifies the limits on the right to appeal and the trial court’s duty to consider those limits in the certification. Specifically,

[i]n a plea bargain case—that is, a case in which defendant’s plea is guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—a defendant may appeal only:

(A)those matters that were raised by written motion filed and ruled on before trial, or

(B)after getting the trial court’s permission to appeal.

Dears, 154 S.W.3d at 613. Appellant negotiated a guilty plea, and the punishment does not exceed the agreed punishment; therefore, appellant has not met either of the requirements.

  Conclusion

          We dismiss the case for lack of jurisdiction.

                                                                        George C. Hanks, Jr.

                                                                        Justice

Panel consists of Justices Nuchia, Alcala, and Hanks.

Do not publish.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