Nyrandre Xavier Perry v. State ( 2010 )

Opinion issued June 24, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00175-CR

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Nyrandre Xavier Perry, Appellant

V.

The State of Texas, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Case No. 1228020

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  Appellant, Nyrandre Xavier Perry, pleaded guilty to the offense of assault bodily injury on a family member, second offense, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two 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 to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal.  Appellant filed a pro se notice of appeal. 

          We conclude that the trial court’s certification that appellant has no right of appeal, as shown on the form entitled "Trial Court's Certification of Right of Appeal,” is supported by the record that shows he entered into an agreed plea bargain with the State.  Tex. R. App. P. 25.2(a).  Because appellant has no right of appeal, we must dismiss this appeal Awithout further action.@ Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

          Accordingly, the appeal is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Massengale.

Do not publish.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