James Roy Spates v. State





               



In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-04-00252-CR

          01-04-00253-CR

____________


JAMES ROY SPATES, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause Nos. 943030 and 943031




 

MEMORANDUM OPINION

               Appellant pleaded guilty to two charges of delivery of cocaine weighing more than four grams and less than 200 grams. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for eight years in each case. Appellant filed timely notice 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 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 in both cases. 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.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.

Do not publish.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