Court of Civil Appeals of Texas, 2004

Jerome Forrest Hall v. State

Jerome Forrest Hall v. State
Court of Civil Appeals of Texas · Decided May 13, 2004

Jerome Forrest Hall v. State

Opinion





               



In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00254-CR

____________


JEROME FORREST HALL, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 977719




 

MEMORANDUM OPINION

               Appellant, Jerome Forrest Hall, pleaded guilty to the offense of evading arrest and true to enhancement paragraphs that alleged he had been previously convicted of two felonies. In accordance with appellant’s plea bargain agreement with the State, the trial court sentenced appellant to confinement for three 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. 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).

               We also note that appellant 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.

PER CURIAM

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

Do not publish.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

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