COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
| TORRANCE MADDOX,
Appellant, v. THE STATE OF TEXAS, Appellee. |
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No. 08-07-00302-CR Appeal from the 384th District Court of El Paso County, Texas (TC# 20040D03148) |
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of murder. In accordance with his plea bargain agreement with the State, the trial court sentenced Appellant to fifty years' imprisonment. Appellant filed a timely pro se notice of appeal. We dismiss the appeal for lack of jurisdiction.
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. The certification also reflects that Appellant waived the right of appeal. No written pretrial motions were ruled on by the trial court, nor did the trial court give its permission for Appellant to appeal.
Rule 25.2(a)(2) governs the defendant's right to appeal in a criminal case:
A defendant in a criminal case has the right of appeal under Code of Criminal Procedure article 44.02 and these rules. The trial court shall enter a certification of the defendant's right of appeal each time it enters a judgment of guilt or other appealable order. In a plea bargain case--that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant--a defendant may appeal only:
(A) those matters that were raised by written motion filed and ruled on before trial, or
(B) after getting the trial court's permission to appeal.
Tex. R. App. P. 25.2(a)(2).
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. Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Tex. R. App. P. 25.2(a).
Accordingly, we dismiss the appeal for lack of jurisdiction.
KENNETH R. CARR, Justice
January 24, 2008
Before Chew, C.J., McClure, and Carr, JJ.
(Do Not Publish)