LAWRENCE THOMAS DAUGHTREY JR., Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 24^th District Court

of Victoria County, Texas.

MEMORANDUM OPINION

Lawrence Thomas Daughtrey, Jr., pleaded guilty to the offenses of aggravated assault, see Tex. Penal Code Ann. § 22.02 (Vernon Supp. 2007), and burglary of a habitation with intent to commit sexual assault, see id. § 30.02(a)(1) (Vernon 2003). The trial court deferred adjudication of guilt and placed Daughtrey on probation in accordance with a plea bargain agreement. ⁽¹⁾ The trial court ultimately adjudicated guilt, sentencing Daughtrey to fifteen years' confinement in the Texas Department of Criminal Justice - Institutional Division for each offense, set to run concurrently, in accordance with a second plea bargain agreement. The trial court certified that this was not a plea bargain case and that Daughtrey had the right to appeal. ⁽²⁾

However, the record reflects that at the adjudication of guilt hearing, Daughtrey and the State entered into a second plea bargain agreement regarding the length of his sentence. In a plea-bargain case in which the punishment conforms with the plea agreement, a defendant may only appeal those matters that were raised by written motion filed and ruled upon before trial unless the defendant obtains the trial court's permission to appeal. See Tex. R. App. P. 25.2(a)(2); Hargesheimer v. State, 182 S.W.3d 906, 911 n.4 (Tex. Crim. App. 2006); Barcenas v. State, 137 S.W.3d 865, 865-66 (Tex. App.-Houston [1st Dist.] 2004, no pet.). There are no written motions in the record reflecting that any pretrial issues were decided adversely to Daughtrey. The record does not reflect Daughtrey requested and obtained the trial court's permission to appeal. The judgment reflects that appellant was sentenced to fifteen years for each offense, to run concurrently, as the parties agreed.

The trial court's certification that this was not a plea agreement, and of Daughtrey's right to appeal, conflicts with the record. See Waters v. State, 124 S.W.3d 825, 826 (Tex. App.-Houston [14th Dist.] 2003, pet. ref'd). Where the trial court's certification erroneously states there is a right to appeal and the record shows there is no right, the appeal may be dismissed without obtaining an amended certification. See Barcenas, 137 S.W.3d at 866. The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

________________________

ROGELIO VALDEZ

Chief Justice

Do not publish.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

Memorandum Opinion delivered and

filed this the 21^st day of August, 2008.