Court of Civil Appeals of Texas, 2009

Douglas Alan Keith v. State

Douglas Alan Keith v. State
Court of Civil Appeals of Texas · Decided January 29, 2009

Douglas Alan Keith v. State

Opinion

Opinion issued January 29, 2009



















In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-08-00992-CR

____________



DOUGLAS ALAN KEITH, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 262nd District Court

Harris County Texas

Trial Court Cause No. 1191295




MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. Appellant, Douglas Alan Keith, pleaded guilty to the offense of failure to comply with sexual registration requirements. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. Along with the plea, appellant, appellant's counsel, and the State signed a stipulation of evidence which included, among others, the following statements: "I intend to enter a plea of guilty and understand that the prosecutor will recommend that my punishment should be set at two years TDC and I agree to that recommendation...Further, I waive my right of appeal which I may have should the court accept the foregoing plea bargain agreement between myself and the prosecutor."

After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea- bargain case and the defendant has no right to appeal. Appellant did not request the trial court's permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant filed a timely pro se notice of appeal. This appeal followed.

We conclude that the certification of the right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargain. Tex. R. App. P. 25.2(a). Because appellant has no right of appeal, we must dismiss this appeal "without further action." Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). Accordingly, the appeal is dismissed for lack of jurisdiction.

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Higley.

Do not publish.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

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