CASTILLO v. STATE, 01-06-00275-CR (Tex.App.-Houston [1st Dist.] 2006)

OSVALDO FEMAT CASTILLO, Appellant, v. THE STATE OF TEXAS, Appellee.

No. 01-06-00275-CRCourt of Appeals of Texas, First District, Houston.
July 20, 2006 DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Appeal from the 174th District Court, Harris County, Texas, Trial Court Cause No. 1021118.

Panel consists of Justices KEYES, ALCALA, and BLAND.

MEMORANDUM OPINION
PER CURIAM.

Appellant pleaded guilty to the offense of indecency with a child and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. 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).

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

Accordingly, we dismiss the appeal for lack of jurisdiction.

Any pending motions are denied as moot.

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