Opinion issued August 5, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00544-CR
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Benjamin Shawn Campbell, Appellant
V.
The State of Texas, Appellee
On Appeal from the 185th District Court
Harris County, Texas
Trial Court Case No. 1244384
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. Appellant, Benjamin Shawn Campbell, pleaded guilty to the offense of assault on a family member,[1] and in accordance with his plea bargain agreement with the State, the trial court deferred a finding of guilt and placed appellant on community supervision for a period of five years and assessed a $100 fine.
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.
The certification that appellant has no right of appeal, as shown on the “Trial Court’s Certification of Right of Appeal” form signed by the trial court, is supported by the record that shows 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 is dismissed for lack of jurisdiction.
We deny any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Sharp.
Do not publish. Tex. R. App. P. 47.2(b).
[1] Tex. Penal Code Ann. § 22.01(b) (2)(B) (Vernon Supp. 2009).