Fredrick Anthony Kiser v. State

• Court: Court of Appeals of Texas
• Decided: August 7, 2003
• Docket: 01-03-00701-CR
• Status: Published

Opinion

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-03-00701-CR

01-03-00702-CR

FREDRICK ANTHONY KISER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 37,370A and 37,748

MEMORANDUM OPINION

Appellant pleaded guilty to aggravated robbery in cause number 37,370A and to robbery in cause number 37,748. In accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for 25 years in the aggravated robbery case and confinement for 10 years in the robbery case. Appellant filed separate waivers of his right to appeal. Nevertheless, appellant filed a timely pro se notice of appeal in each case. We dismiss for lack of jurisdiction.

Rule 25.2(a) of the Texas Rules of Appellate Procedure provides, in pertinent part:

In a plea bargain case -- that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant -- a defendant may appeal only:

(A) those matters that were raised by written motion filed and ruled on before trial, or

(B) after getting the trial court's permission to appeal.

Tex. R. App. P. 25.2(a)(2).

The trial court's certifications of appellant's right of appeal reflect that these are plea-bargained cases, and that the appellant therefore has no right of appeal. They also reflect that appellant waived his right of appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.); Tex. R. App. P. 25.2(a), (d).

Accordingly, we dismiss the appeals for lack of jurisdiction.

All pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Higley.

Do not publish.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