Court of Civil Appeals of Texas, 2004

Edward C. Harrison v. State

Edward C. Harrison v. State
Court of Civil Appeals of Texas · Decided October 28, 2004

Edward C. Harrison v. State

Opinion





               



In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00721-CR

____________


EDWARD C. HARRISON, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 855238




 

MEMORANDUM OPINION

               Appellant pleaded no contest to the offense of possession of a firearm and, in accordance with the plea bargain agreement, the State dismissed two enhancement paragraphs and the trial court sentenced appellant to confinement for 10 years with no affirmative finding of the use or exhibition of a deadly weapon. Appellant filed a timely pro se 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, No. 1092-03, passim (Tex. Crim. App. Sept. 29, 2004) (designated for publication); 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 certification. 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.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

Do not publish.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

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