Jose Hugo Aguirre v. State

Opinion issued March 1, 2007











In The

Court of Appeals

For The

First District of Texas

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NOS. 01-06-00881-CR

01-06-00882-CR

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JOSE HUGO AGUIRRE, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause Nos. 1058299 and 1058300




MEMORANDUM OPINION

Appellant, Jose Hugo Aguirre, pleaded guilty to two separate felony offenses of possession of a controlled substance, and, in accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement for 10 years in each case. Appellant filed timely pro se notices 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).

We also note that appellant 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.). There is nothing in the record indicating that appellant's waiver of his right to appeal was not voluntarily, knowingly, and intelligently made. There is also nothing indicating that the trial court gave its consent for an appeal.

Accordingly, we dismiss the appeals in cause numbers 1058299 and 1058300 for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Bland.

Do not publish.