In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-01072-CR

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FRANCISCO JAVIER LIRA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1188054

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. Appellant, Francisco Javier Lira, pleaded guilty, with an agreed recommendation as to punishment with the State, to the state jail felony offense of unauthorized use of a motor vehicle, and stipulated to the commission of two prior felony convictions. Tex. Pen. Code Ann. § 12.35 (a) (Vernon Supp. 2009). In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for six years. Along with the plea, appellant, appellant's counsel, and the State signed a stipulation of evidence which included, among other things, the following statements: "I intend to enter a plea of no contest and understand that the prosecutor will recommend that my punishment should be set at "6 years TDC". . . 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." The trial court's judgment is stamped, "Appeal waived. No permission to appeal granted."

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 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, we dismiss the appeal for lack of jurisdiction.

We deny any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Higley.

Do not publish.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