Archie Artie Hunter v. State

               



In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-04-00766-CR

          01-04-00767-CR

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ARCHIE ARTIE HUNTER, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause Nos. 970076 and 970077




 

MEMORANDUM OPINION

               Appellant, Archie Artie Hunter, pleaded guilty to two charges of forgery of a commercial instrument. He also pleaded true to the elements in two enhancement paragraphs that he had prior felony convictions. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 17 years in each case. Appellant filed a timely pro se notice of appeal that included both cause numbers. We dismiss the appeals 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, No. 1092-03, passim (Tex. Crim. App. Sept. 29, 2004) (designated for publication); Tex. R. App. P. 25.2(a)(2).

               The trial court’s certifications of appellant’s right to appeal in these cases state that these are plea-bargained cases and appellant has no right to appeal. The record supports the certifications. 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).

               We also note that appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.—Houston [1st Dist.] 2001, no pet.).

               Accordingly, we dismiss the appeals for lack of jurisdiction.

               All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

Do not publish.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