Earl Wayne Kuehne v. State ( 2005 )

Opinion to issue November 23, 2005  

In The

Court of Appeals

For The  

First District of Texas

____________

NO. 01-05-00999-CR

____________

EARL WAYNE KUEHNE, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1040553

---

MEMORANDUM OPINION

               Appellant pleaded guilty to the offense of driving while intoxicated third offender and, in accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for 10 years. Appellant filed a timely notice of appeal. We dismiss for lack of jurisdiction.

               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. Griffin v. State, 145 S.W.3d 645, 648-49 (Tex. Crim. App. 2004); Cooper v. State, 45 S.W.3d 77, 80 (Tex. Crim. App. 2001); Tex. R. App. P. 25.2(a)(2).

               The trial court’s certification of appellant’s right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certification. Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). We must dismiss an appeal if the trial court’s certification shows there is no right to appeal. See Tex. R. App. P. 25.2(d).

               We note that appellant also 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.

               Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Taft, Keyes and Hanks

Do not publish.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