Opinion issued August 5, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00135-CR
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ZACHARY CHARLES BURGOON, Appellant
V.
The State of Texas, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Case No. 1247391
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. Appellant, Zachary Charles Burgoon, pleaded guilty to the offense of evading arrest with a motor vehicle, and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for 180 days.[1]
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 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.
We conclude that the trial court’s certification that appellant has no right of appeal, as shown on the “Trial Court’s Certification of Right of Appeal,” is supported by the record that shows he entered into an 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 is dismissed for lack of jurisdiction.
We deny any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Hanks, and Higley.
Do not publish. Tex. R. App. P. 47.2(b).
[1] The plea agreement included a reduction of state jail felony punishment to misdemeanor punishment pursuant to Section 12, 44 (a) of the Texas Penal Code. Tex. Penal Code Ann. § 12.44 (a) (Vernon Supp. 2009).