Johnny Lamorris Twyman v. State





               



In The

Court of Appeals

For The

First District of Texas

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NOS. 01-04-00478-CR

          01-04-00479-CR

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JOHNNY LAMORRIS TWYMAN, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause Nos. 976017 and 976018




 

MEMORANDUM OPINION

               Appellant pleaded guilty to the offense of possession of cocaine in cause number 976017 and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for seven years. On motion of the State, the trial court dismissed cause number 976018. Appellant filed timely notices of appeal in both cases. We dismiss for lack of jurisdiction.

               In cause number 976017, appellant 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 because it was a plea-bargained case in which the punishment assessed did not exceed the plea agreement. Tex. R. App. P. 25.2(a)(2). The trial court’s certification of appellant’s right to appeal in that case states that it is a plea-bargained case and appellant has no right to appeal. The record supports the certification. 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).

               In cause number 976018, the trial court did not enter an appealable judgment or order, as it dismissed the case upon the State’s motion. We therefore have no jurisdiction over the appeal. See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.).

               Accordingly, we dismiss both appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Bland.

Do not publish.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