Marshall McDonald v. State

Opinion issued October 18, 2007 corrected



















In The

Court of Appeals

For The

First District of Texas




NO. 01-07-00777-CR




MARSHALL MCDONALD, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1092634




MEMORANDUM OPINION



Appellant, Marshall McDonald, pleaded guilty to the felony offense of indecency with a child, and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years. Appellant filed a timely pro se notice of appeal

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).

Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.

Do not publish.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