Louis Charles Bundage v. State







In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-06-00890-CR

____________



LOUIS CHARLES BUNDAGE, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from County Criminal Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 1326466




MEMORANDUM OPINION

Appellant pleaded no contest to the misdemeanor offense of theft of food stamps and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 60 days. 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 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.

All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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