Quincy Deshan Butler v. State ( 2008 )


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  • Opinion issued June 19, 2008                                                             


                                                                                                                                                 


     





    In The

    Court of Appeals

    For The  

    First District of Texas


    ____________


    NO. 01-08-00246-CR

    ____________


    QUINCY DESHAN BUTLER, Appellant


    V.


    THE STATE OF TEXAS, Appellee





    On Appeal from the 240th District Court

    Fort Bend County, Texas

    Trial Court Cause No. 44367




    MEMORANDUM OPINION

     

              We lack jurisdiction to hear this appeal. Appellant, Cedric Shun Hill, pleaded guilty to the offense of aggravated assault, and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for four years.

              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. Appellant did not request the trial court’s permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant filed a timely pro se notice of appeal. This appeal followed.

              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 bargain. Tex. R. App. P. 25.2(a). Because appellant has no right of appeal, we must dismiss this appeal “without further action.” Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).Accordingly, the appeal in trial court cause number 44367 is dismissed for lack of jurisdiction.

              Any pending motions are denied as moot.

    PER CURIAM

     

    Panel consists of Justices Taft, Jennings, and Bland.

    Do not publish.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

      

               

Document Info

Docket Number: 01-08-00246-CR

Filed Date: 6/19/2008

Precedential Status: Precedential

Modified Date: 9/3/2015