Adam Lloyd Shields v. State





In The

Court of Appeals

For The

First District of Texas

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NOS. 01-07-00405-CR

01-07-00406-CR

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ADAM LLOYD SHIELDS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause Nos. 1088607 and 1070374




MEMORANDUM OPINION

Appellant pleaded guilty to two separate felony offenses of burglary of a habitation with intent to commit theft. Appellant also pleaded true to the enhancement paragraph. In accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 8 years. Appellant filed a timely pro se 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. 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 each case states that this is a plea-bargained case and appellant has no right to appeal. The record supports the correctness of the certifications. 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 in each case. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.--Houston [1st Dist.] 2001, no pet.).

Accordingly, we dismiss the appeal in cause number 1088607 and in cause number 1070373 for lack of jurisdiction.

We deny any pending motions as moot.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Bland.

Do not publish.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