Court of Civil Appeals of Texas, 2007

Jamal Bingham v. State

Jamal Bingham v. State
Court of Civil Appeals of Texas · Decided May 31, 2007

Jamal Bingham v. State

Opinion











In The

Court of Appeals

For The

First District of Texas

____________



NOS. 01-07-00341-CR

01-07-00342-CR

____________



JAMAL BINGHAM, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause Nos. 1032996 and 1032997




MEMORANDUM OPINION

Appellant pleaded guilty to two separate offenses of aggravated robbery and, in accordance with his plea bargain agreements with the State, the trial court sentenced appellant in each case to confinement for eight years. Appellant filed a timely pro se notice of appeal. We dismiss the appeals 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 each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certifications. 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 in each case. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.). Accordingly, we dismiss the appeal in each case for lack of jurisdiction.

Any pending motions are denied as moot.

PER CURIAM



Panel consists of Justices Nuchia, Hanks, and Bland.

Do not publish.

Tex. R. App. P. 47.2(b).

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