Court of Civil Appeals of Texas, 2007

Courteland Prentice Congo v. State

Courteland Prentice Congo v. State
Court of Civil Appeals of Texas · Decided May 10, 2007

Courteland Prentice Congo v. State

Opinion











In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-07-00019-CR

____________



COURTELAND PRENTICE CONGO, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1021047




MEMORANDUM OPINION

Appellant, Courteland Prentice Congo, pleaded guilty to the offense of aggravated robbery, and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 12 years. Appellant has filed a pro se 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. 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.

We further dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Alcala.

Do not publish.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

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