James P. Davis v. State





















In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-07-01025-CR

____________



JAMES P. DAVIS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 1122901




MEMORANDUM OPINION

Appellant pleaded guilty to the felony offenses of possession of a controlled substance, and pleaded true to one enhancement paragraph. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for four years. Appellant filed a timely pro se notice of appeal. We dismiss the appeal for lack of jurisdiction.

After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea- bargain case and the defendant has no right to appeal. No written pretrial motions were ruled on by the trial court, nor did the trial court give its permission for appellant to appeal. We conclude that the certification of the right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargain. Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Tex. R. App. P. 25.2(a).

Accordingly, we dismiss the appeal for lack of jurisdiction. Any pending motions are denied as moot.

PER CURIAM



Panel consists of Justices Taft, Hanks, and Higley



Do not publish.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