David Wayne Charles v. State

Opinion

Opinion issued August 11, 2011.

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-11-00496-CR

DAVID WAYNE CHARLES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1300911

MEMORANDUM  OPINION

              Appellant, David Wayne Charles, pleaded guilty to the offense of delivery of a controlled substance, 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, 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).

              Accordingly, we dismiss the appeal for lack of jurisdiction.

We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.

Do not publish.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