Court of Civil Appeals of Texas, 2005

Andrew Pierre Washington v. State

Andrew Pierre Washington v. State
Court of Civil Appeals of Texas · Decided April 7, 2005

Andrew Pierre Washington v. State

Opinion







               



In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-00157-CR

____________


ANDREW PIERRE WASHINGTON, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 1009547




 

MEMORANDUM OPINION

               Appellant was indicted for the offense of capital murder and pleaded guilty to the reduced offense of murder. In accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for life. 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 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 correctness of the certification. 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).

               We note that appellant also 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 Justices Taft, Keyes and Hanks.

Do not publish.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

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