Joseph Green v. State ( 2004 )

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-04-00089-CR

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JOSEPH GREEN, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 968167

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MEMORANDUM OPINION

               Appellant pleaded guilty to the offense of possession of less than one gram of cocaine, and n accordance with appellant’s plea bargain agreement with the State, the trial court sentenced appellant to confinement for 180 days in jail. As part of his plea agreement, appellant waived his right to appeal if the trial court followed the plea agreement. Nevertheless, 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. Tex. R. App. P. 25.2(a)(2).

               The trial court’s certification of appellant’s right to appeal in this case states that appellant has no right to appeal because this is a plea-bargained case and because appellant waived his right to appeal. The clerk’s 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 Justices Nuchia, Jennings, and Keyes.

Do not publish.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