Johnny Ray Wall v. State






               




In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-00644-CR

____________


JOHNNY RAY WALL, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1011545




 

MEMORANDUM OPINION

               Appellant, Johnny Ray Wall, pleaded guilty to the offense of burglary of a building with intent to commit theft and pleaded true to the allegations in two enhancement paragraphs alleging that he had two prior felony convictions. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for three 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, 614-15 (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.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings, and Hanks.

Do not publish.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