Damien G. Buchanan v. State





               



In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-04-00689-CR

          01-04-00690-CR

____________


DAMIEN G. BUCHANAN, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause Nos. 976115 and 976116




 

MEMORANDUM OPINION

               Appellant pleaded guilty to two charges of aggravated robbery and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 25 years in each case. Appellant filed timely notices of appeal. We dismiss 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. Tex. R. App. P. 25.2(a)(2).

               The trial court’s certifications of appellant’s right to appeal state that these are plea-bargained cases and appellant has no right to appeal. The clerk’s records support 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 in each case. 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, Alcala, and Higley.

Do not publish.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