Edwin Clark Nichols, Jr. v. State























In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00306

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EDWIN CLARK NICHOLS. JR., Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from County Criminal Court at Law No. 3

Brazoria County, Texas

Trial Court Cause No. 154057




MEMORANDUM OPINION

Appellant pleaded guilty to the misdemeanor offense harassment and, in accordance with his plea bargain agreement with the state, the trial court sentenced appellant to confinement for 180 days probated for 12 months and assessed a fine of $300. Appellant filed a timely 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. 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.

We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Bland.

Do not publish.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