Phillip Jarrell Young v. State ( 2010 )

Opinion issued October 14, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00758-CR

NO. 01-10-00759-CR

NO. 01-10-00760-CR

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PHILLIP JARRELL YOUNG, Appellant

V.

The State of Texas, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Case Nos. 1246735, 1249516 & 1250578

MEMORANDUM OPINION

          We lack jurisdiction to hear these appeals.  Appellant, Phillip Jarrell Young, pleaded guilty to multiple counts of the offense of aggravated robbery with a deadly weapon, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 20 years.  

          On appellate causes 01-09-00758-CR and 01-09-00759-CR, the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement.  The trial court certified that these cases are plea-bargain cases and the defendant has no right to appeal. 

          On appellate cause 01-09-00760-CR, the trial court dismissed the case prior to sentencing.  There is no appealable order for this case, therefore, we lack jurisdiction to hear this 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 certifications that appellant has no right of appeal, as shown on the form entitled “Trial Court’s Certification of Defendant’s Right of Appeal,” are 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 these appeals “without further action.”  Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

          Accordingly, the appeals are dismissed for lack of jurisdiction.

          We deny any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.

Do not publish.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