Quincy Deshan Butler v. State

Opinion issued June 19, 2008                                                             


                                                                                                                                             


 





In The

Court of Appeals

For The

First District of Texas


____________


NO. 01-08-00246-CR

____________


QUINCY DESHAN BUTLER, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 44367




MEMORANDUM OPINION

 

          We lack jurisdiction to hear this appeal. Appellant, Cedric Shun Hill, pleaded guilty to the offense of aggravated assault, and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for four years.

          After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea- bargain case and the defendant has no right to appeal. Appellant did not request the trial court’s permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant filed a timely pro se notice of appeal. This appeal followed.

          We conclude that the certification of the right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargain. Tex. R. App. P. 25.2(a). Because appellant has no right of appeal, we must dismiss this appeal “without further action.” Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).Accordingly, the appeal in trial court cause number 44367 is dismissed for lack of jurisdiction.

          Any pending motions are denied as moot.

PER CURIAM

 

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish.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