John Goffney v. State

Opinion

Opinion issued August 25, 2011.

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-11-00534-CR,

NO. 01-11-00535-CR

JOHN GOFFNEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause Nos. 1214545 and 1277949

MEMORANDUM  OPINION

              Appellant pleaded guilty to two counts of sexual assault of a child and pleaded true to the enhancements. In accordance with the plea agreement, the trial court sentenced appellant to confinement for 30 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 certifications of appellant’s right to appeal in these cases state that these are plea-bargained cases and appellant has no right to appeal.  The records support the correctness of the certifications.  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 Keyes, Higley, and Huddle.

Do not publish.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