Sharla McHale v. State ( 2010 )

Opinion issued June 3, 2010

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-10-00061-CR

———————————

Sharla McHale, Appellant

V.

The State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Case No. 1233833

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  Appellant, Sharla McHale, pleaded guilty, with an agreed recommendation as to punishment with the State, to the offense of theft from person.  Pursuant to the plea bargain agreement, the State abandoned the two enhancement paragraphs contained in the indictment, and requested the court to sentence appellant to confinement for 90 days under Section 12.44 (a) of the Texas Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. art.  12.44 (a) (Vernon Supp. 2009).  In accordance with her 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 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. 

          We conclude that the certification of 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 is dismissed for lack of jurisdiction.

          We deny any pending motions as moot.  

                                                PER CURIAM

Panel consists of Justices Keyes, Hanks and Higley.

Do not publish.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