Anthony Phillip Rodriguez v. State ( 2010 )

Opinion issued April 8, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00926-CR

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Anthony Phiillip Rodriguez, Appellant

V.

The State of Texas, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Case No. 1187812

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  Appellant, Anthony Phillip Rodriguez, pleaded guilty, with an agreed recommendation as to punishment with the State, to the offense of aggravated kidnapping, and pleaded true to one enhancement paragraph contained in the indictment.  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 pro se notice of 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 bargain. 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.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Bland. 

Do not publish.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