In The

Court of Appeals

For The

First District of Texas

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NO. 01-03-01246-CR

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PEDRO ALFONSO ROCA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 38,182

MEMORANDUM OPINION

               Appellant pleaded guilty to aggravated robbery and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for five years. A timely pro se notice of appeal was filed. We dismiss for lack of jurisdiction.

               Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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 getting 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 states that this is a plea-bargained case and appellant has no right to appeal. Therefore, the exceptions to Rule 25.2(a)(2) (denial of pretrial written motions and trial court’s permission to appeal) do not apply.

               In addition, appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.—Houston [1st Dist.] 2001, no pet.). The waiver was also reflected in the trial court’s certification.

               We must dismiss an appeal unless the record includes a certification that shows the appellant has the right of 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, Alcala, and Hanks.

Do not publish.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