Court of Civil Appeals of Texas, 2006

Reginald Reshawn MacK v. State

Reginald Reshawn MacK v. State
Court of Civil Appeals of Texas · Decided June 29, 2006

Reginald Reshawn MacK v. State

Opinion











In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-06-00418-CR

____________



REGINALD RESHAWN MACK, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1060581




MEMORANDUM OPINION

Appellant, Reginald Reshawn Mack, pleaded guilty to the felony offense of possession of a firearm by a felon. In accordance with appellant's plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. Appellant filed a timely pro se notice of appeal.

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); 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).

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.

All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Higley.

Do not publish.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

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