Rocky Eusebio Valdez v. State







               



In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-00322-CR

____________


ROCKY EUSEBIO VALDEZ, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 0972593




 

 MEMORANDUM OPINION

                 Appellant was indicted for the offense of capital murder and pleaded guilty to the reduced offense of murder. In accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for 50 years. 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. 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); Tex. R. App. P. 25.2(a)(2).

               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).

                    Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

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

Do not publish.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