In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00630-CR
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JEFFREY SCOTT CHABERA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 931879
MEMORANDUM OPINION
Appellant pleaded guilty to aggravated assault with an agreement from the State that his punishment would not exceed confinement for 12 years. The trial court sentenced appellant to confinement for 12 years. Appellant filed a timely notice of appeal.
Appellant’s court-appointed counsel filed a brief concluding that this appeal is without merit and a motion to withdraw as counsel. Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.—Houston [1st Dist.] 1992, pet. ref’d). Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have reviewed the record and counsel’s brief. We find that we lack jurisdiction over the appeal.
We held in Threadgill v. State, 120 S.W.3d 871, 872 (Tex. App.—Houston [1st Dist.] 2003, no pet.), that an agreement to a punishment cap is a plea-bargain agreement within the meaning of Rule 25.2(a)(2). The Fourteenth Court of Appeals held likewise in Waters v. State, 124 S.W.3d 825, 826 (Tex. App.—Houston [14th Dist.] 2003, no pet.). Therefore appellant had a right to appeal only matters raised by written motion filed and ruled on before trial, or with the trial court’s permission.
The trial court certified appellant’s right to appeal. However, the certification states that this “is not a plea-bargain case, and the defendant has the right to appeal.” The Rule 25.2 requirements recited in a certification must be true and supported by the record. Waters, 124 S.W.3d at 826; Ajagbe v. State, No. 01-03-00115-CR, slip op. at 2 (Tex. App.—Houston [1st Dist.] Feb. 5, 2004, no pet.) (designated for publication). Because this was a plea-bargained case, the court’s certification of the right to appeal was incorrect. The court did not certify that appellant had a right to appeal from his plea bargain. Because the record (including the trial court’s certification) does not reflect that appellant received adverse rulings on any pretrial written motions, or that he had the trial court’s permission to appeal from a plea bargain, we hold that we have no jurisdiction over the appeal.
We grant counsel’s motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).
We dismiss the appeal for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Nuchia, Jennings, and Keyes.
Do not publish. Tex. R. App. P. 47.2(b).