Court of Civil Appeals of Texas, 2007

Luis Enrique Nieto v. State

Luis Enrique Nieto v. State
Court of Civil Appeals of Texas · Decided February 1, 2007

Luis Enrique Nieto v. State

Opinion







In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-07-00020-CR

____________



LUIS ENRIQUE COURT, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1060574




MEMORANDUM OPINION

Appellant pleaded guilty to the second degree felony offense of possession of a controlled substance and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. Appellant filed a timely 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. 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 did not give permission to appeal.

Additionally, the record reflects that the appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.). The trial court's certification of appellant's right to appeal in this case states that the appellant has waived the 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).

Accordingly, we dismiss the appeal for lack of jurisdiction.

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Hanks.

Do not publish.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

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