NELSON v. STATE, 01-06-01163-CR (Tex.App.-Dallas [5th Dist.] 1-25-2007)

No. 01-06-01163-CRCourt of Appeals of Texas, First District, Houston
January 25, 2007 DO NOT PUBLISH. Tex. R. App. P. 47.2(b)

On Appeal from the 180th District Court Harris County, Texas Trial Court Cause No. 1075556.

Panel consists of Justices Taft, Alcala, and Hanks.

MEMORANDUM OPINION
PER CURIAM.

Appellant pleaded guilty to the state jail felony offense of burglary of a building with intent to commit theft and, in accordance with his plea bargain agreement, the trial court sentenced appellant to confinement for 10 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, 154 S.W.3d 610, 614-15 (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. 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.