Court of Civil Appeals of Texas, 2007

Deborah Ann Comeaux v. State

Deborah Ann Comeaux v. State
Court of Civil Appeals of Texas · Decided May 24, 2007

Deborah Ann Comeaux v. State

Opinion









In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-07-00102-CR

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DEBORAH ANN COMEAUX, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1098484




MEMORANDUM OPINION

Appellant, Deborah Ann Comeaux, pleaded guilty to the felony offense of possession of a controlled substance with intent to deliver and, in accordance with her plea bargain agreement with the State, the trial court sentenced appellant to confinement for eight 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. 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 her 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 Nuchia, Hanks, and Bland.

Do not publish.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

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