Joseph Harris v. State

NO. 07-08-0413-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
FERUARY 2, 2009
______________________________
JOSEPH LYNN HARRIS, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 47TH DISTRICT COURT OF RANDALL COUNTY;
NO. 18957-A; HON. HAL MINER, PRESIDING
_______________________________
Before CAMPBELL, HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Joseph Lynn Harris, filed notice of appeal from his conviction for delivery
of a controlled substance and accompanying sentence of seven years incarceration in the
Institutional Division of the Texas Department of Criminal Justice and $750 fine. The
certification of defendant’s right of appeal, executed by the trial court and signed by
appellant and his trial counsel, states that the case “is a plea-bargain case, and the
defendant has NO right of appeal” and "the defendant has waived the right of appeal." By
letter dated January 9, 2009, we notified appellant of this certification and informed him
that the appeal is subject to dismissal based on the certification unless, by January 30,
2009, we were provided an amended certification illustrating that he has the right to appeal
or appellant demonstrates other grounds for continuing the appeal.
On January 14, 2009, appellant’s appointed counsel notified this court that, upon
review of the plea proceedings, this case was a negotiated plea bargain in which appellant
was sentenced in accordance with the plea agreement. Further, the trial court did not give
appellant the right to appeal any outstanding issue nor were there any pretrial motions
previously ruled upon by the trial court. Accordingly, we must, and do, dismiss the appeal.
TEX . R. APP. P. 25.2(d); See also Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.
2006) (we must dismiss prohibited appeal without further action).
Mackey K. Hancock
Justice
Do not publish.
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