Bradley Stephan Beasley v. State ( 2009 )

Dismissed and Memorandum Opinion filed November 10, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-01046-CR

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BRADLEY STEPHAN BEASLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 1130832

M E M O R A N D U M   O P I N I O N

We lack jurisdiction to hear this appeal.  Appellant Bradley Stephan Beasley pled guilty to the first degree offense of aggravated robbery. In accordance with his plea bargain agreement with the State, the trial court sentenced him to confinement for forty years. 

Contemporaneously with the plea, appellant, appellant=s counsel, and the State signed a stipulation of evidence which included, among other things, the following statements: AI intend to enter a plea of guilty and the prosecutor will recommend that my punishment should be set at 40 years TDCJ-ID and I agree to that recommendation. . . .  Further, I waive any right of appeal which I may have should the court accept the foregoing plea bargain agreement between myself and the prosecutor.@  Appellant also signed the trial court=s advice of defendant=s right to appeal, which included, among other things, the following statement: AThe Court, pursuant to Tex. R. App. P. 25.2, advises the Defendant as follows: . . . 2. If you plead guilty . . . and accepted the punishment recommended by the prosecutor, however, you cannot appeal your conviction unless this Court gives you permission.@ 

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 filed a motion for new trial.  The trial court held a hearing on appellant=s motion for new trial and denied appellant=s motion.  The trial court certified that this case is a plea-bargain case and the defendant has a right to appeal matters Araised by written motion filed and ruled on before trial, and not withdrawn or waived.@  Appellant filed a timely notice of appeal, appealing the trial court=s denial of his motion for new trial.

We conclude that the certifications of the right to appeal filed by the trial court are supported by the record and that appellant has no right to appeal except for pre-trial matters due to the agreed plea bargain.  Tex. R. App. P. 25.2(a).  Because appellant does not appeal any pre-trial matters, we must dismiss this appeal Awithout further action.@  See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

Accordingly, we dismiss the appeal for lack of jurisdiction.

/s/      William J. Boyce

Justice

Panel consists of Chief Justice Hedges, and Justices Anderson and Boyce.