Kambui Yoru Nichols v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-04-00938-CR

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KAMBUI YORU NICHOLS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 962990

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MEMORANDUM OPINION

               Appellant pleaded guilty to the offense of possession with intent to deliver cocaine, weighing more than one gram and less than four grams. He also pleaded true to the elements in an enhancement paragraph that he had a prior felony conviction. In accordance with appellant’s plea bargain agreement with the State, the trial court sentenced appellant to confinement for five years. Appellant filed a timely pro se 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, No. 1092-03, passim (Tex. Crim. App. Sept. 29, 2004) (designated for publication); 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 certification. 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).

               Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

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

Do not publish.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