Opinion to issue October 20, 2005
In The
Court of Appeals
For The
First District of Texas
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NO. 01-05-00840-CR
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ANTONIO ZARATE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd
Harris County, Texas
Trial Court Cause No. 1026047
MEMORANDUM OPINION
On August 9, 2005, appellant pleaded guilty to the offense of burglary of a habitation with intent to commit assault. In accordance with appellant’s plea bargain agreement with the state, the trial court sentenced appellant to confinement for four years. Appellant filed a 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); Griffin v. State, 145 S.W.3d 645, 648-49 (Tex. Crim. App. 2004); Cooper v. State, 45 S.W.3d 77, 80 (Tex. Crim. App. 2001).
The trial court’s certification of appellant’s right to appeal in this case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certification. Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005). 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 note that appellant also 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 appeal for lack of jurisdiction.
Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Alcala and Bland.
Do not publish. Tex. R. App. P. 47.2(b).