Court of Civil Appeals of Texas, 2007

Luis Gerardo Moreno, Jr. v. State

Luis Gerardo Moreno, Jr. v. State
Court of Civil Appeals of Texas · Decided May 24, 2007

Luis Gerardo Moreno, Jr. v. State

Opinion

















In The

Court of Appeals

For The

First District of Texas



____________



NOS. 01-07-00140-CR

01-07-00141-CR

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LUIS GERARDO MORENO, JR., Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause Nos. 1082464 and 936462




MEMORANDUM OPINION

Appellant pleaded guilty to the felony offenses of aggravated robbery and aggravated sexual assault of a child, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement in each case for 10 years. Appellant filed timely notices 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 each 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 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 appeals in cause numbers 1082464 and 936462 for lack of jurisdiction.

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Higley.

Do not publish.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

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