Bruno Towa v. State

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-05-00169-CR

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BRUNO TOWA, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from

County Criminal Court at Law No. 8

Harris County, Texas

Trial Court Cause No. 126917  

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MEMORANDUM OPINION

               Appellant pleaded guilty to the offense of Class B misdemeanor theft and, in accordance with the plea bargain agreement, the trial court sentenced appellant to jail confinement for 90 days. 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, Nos. PD-1963-03, PD-1964-03, PD-1965-03, slip op. 9 (Tex. Crim. App. Jan. 26, 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).

               Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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