Billy Dewayne Denison, Jr. v. State

In The

Court of Appeals

For The  

First District of Texas

__________

NOS. 01-05-01003-CR

           01-05-01004-CR

____________

BILLY DEWAYNE DENISON, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1036532 and 1036533  

---

MEMORANDUM OPINION

               Billy Dewayne Denison, Jr., pleaded guilty to two offenses of burglary of a habitation with intent to commit theft, and in accordance with his plea bargain agreements the court sentenced him to confinement for seven years in each case.

Appellant filed a timely notices 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 each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certifications. Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 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).

               We note that appellant also waived his right to appeal in each case. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.—Houston [1st Dist.] 2001, no pet.).

               Accordingly, we dismiss the appeals for lack of jurisdiction.

               Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish.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