Joshua Sheldon Phillips v. State ( 2010 )

Opinion issued October 28, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-01059-CR

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JOSHUA SHELDON PHILLIPS, Appellant

V.

The State of Texas, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Case No. 994360

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  Appellant, Joshua Sheldon Phillips, pleaded true to the offense of aggravated sexual assault of a child under fourteen, and in accordance with his plea agreement with the State, the trial court sentenced appellant to confinement for 6 years.  

          After the trial court sentenced appellant to punishment that fell within the terms of the plea agreement, the trial court certified that this case is a plea-bargain case and the defendant has no right to appeal.  Additionally, appellant signed a waiver of his right of appeal.  Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal.  Appellant filed a timely pro se notice of appeal. 

           We conclude that the trial court’s certification that appellant has no right of appeal, as shown on the form entitled “Trial Court’s Certification of Defendant’s Right of Appeal,” is supported by the record that shows he entered into an agreed plea bargain with the State.  Tex. R. App. P. 25.2(a)(2).  Because appellant has no right of appeal, we must dismiss this appeal “without further action.”  Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

          Accordingly, the appeal is dismissed for lack of jurisdiction.

          We deny any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Massengale.

Do not publish.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