In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-490 CR
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BRIAN KEITH BIAGAS, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 94525
Brian Keith Biagas was convicted and sentenced on an indictment for attempted arson. Biagas filed a notice of appeal on November 4, 2005. The trial court entered a certification of the defendant's right to appeal in which the court certified that this is a plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a). At our request, the district clerk provided a clerk's record. We reviewed the record to determine our jurisdiction and the correctness of the certification. See Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005).
Biagas pled no contest to the charged offense and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant. See Tex. R. App. P. 25.2(a)(2). There is no written motion ruled on prior to trial, and the trial court did not grant permission to appeal. Id. We conclude that the trial court's certification is correct, and Biagas does not have the right to appeal.
Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Opinion Delivered March 1, 2006
Do Not Publish
Before Gaultney, Kreger, and Horton, JJ.