Victor Ray Johnson v. State





               



In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-03-00578-CR

          01-03-00579-CR

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VICTOR RAY JOHNSON, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause Nos. 922462 and 922461




 

MEMORANDUM OPINION

               Appellant pleaded guilty to two charges of indecency with a child and, in accordance with a plea bargain agreement with the State, the trial court deferred adjudication and placed appellant on community supervision for seven years. The State filed motions to adjudicate guilt to which appellant pleaded true with a plea agreement of confinement for seven years in each case. The trial court followed these agreements in pronouncing sentence. Appellant filed a timely pro se notice of appeal in each case. The trial court’s certification of defendant’s right of appeal states in each case that this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(d).

               Rule 25.2(a) of the Texas Rules of Appellate Procedure provides, in pertinent part:

In a plea bargain case — that is, a case in which a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant — a defendant may appeal only:

 

(A)those matters that were raised by written motion filed and ruled on before trial, or

 

(B)after getting the trial court’s permission to appeal.


Tex. R. App. P. 25.2(a)(2).

               Appellant pleaded guilty to the charges; he entered into a punishment agreement with the State when he was adjudged guilty; and the trial court did not exceed that agreement at sentencing. These appeals are therefore limited by Rule 25.2(a). Comb v. State, 101 S.W.3d 724, 725-26 (Tex. App.—Houston [1st Dist.] 2003, no pet.); see also Teel v. State, 104 S.W.3d 266, 267-68 (Tex. App.—Beaumont 2003, no pet.). The trial court certified that appellant had no right to appeal. Therefore, none of the exceptions to Rule 25.2(a) apply.

               Accordingly, we dismiss the appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.

Do not publish.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