Alejandro Garcia v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-01183-CR

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ALEJANDRO LOPEZ GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 939425

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MEMORANDUM OPINION

               Appellant pleaded guilty to felony driving while intoxicated and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for 15 years. A timely pro se notice of appeal was filed. 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 certification of defendant’s right to appeal in this case states that this is a plea-bargained case and the defendant has no right to appeal. We must dismiss an appeal unless the record includes a certification that shows the appellant has the right of appeal. See Tex. R. App. P. 25.2(d).

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

               Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Hanks.

Do not publish.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