Victor L. Paillet v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NOS. 01-03-01161-CR

          01-03-01162-CR

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VICTOR L. PAILLET, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause Nos. 941770 and 941769

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MEMORANDUM OPINION

               Appellant pleaded guilty to two charges of robbery by threats and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for four years in each case. Appellant filed timely pro se notices of appeal. We dismiss for lack of jurisdiction.

               Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, in a plea-bargained case in which the punishment assessed does not exceed the plea agreement, a defendant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after obtaining the trial court’s permission to appeal. Tex. R. App. P. 25.2(a)(2).

               The trial court’s certifications of appellant’s right to appeal in these cases state that these are plea-bargained cases and appellant has no right to appeal. Therefore, neither of the exceptions to Rule 25.2(a)(2) applies. We must dismiss an appeal unless the record includes a certification that shows the appellant has the right to appeal. See Tex. R. App. P. 25.2(d).

               We also note that appellant waived his right to appeal in each case. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.—Houston [1st Dist.] 2001, no pet.).

               Accordingly, we dismiss the appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Bland.

Do not publish.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