OPINION ON STATE’S MOTION FOR REHEARING
W.C. DAVIS, Judge.The facts concerning appellant’s plea of nolo contendere are adequately set out in our original opinion and will not be repeated. On original submission a panel of this Court reversed the judgment of the trial court because the plea was an impermissible conditional plea in that appellant pleaded nolo contendere with the incorrect understanding that he would retain his right to appeal an unfavorable ruling on a pretrial motion to suppress.
Art. 44.02, V.A.C.C.P. limits the right of appeal only in plea bargained cases, and at the same time encourages guilty pleas in plea bargained cases where the only contested issue is some matter, such as the lawfulness of a search or other matters that may be raised by written motion filed prior to trial. Prochaska v. State, 587 S.W.2d 726 (Tex.Cr.App.1979); Ferguson v. State, 571 S.W.2d 908 (Tex.Cr.App.1978).
Where, as in the instant ease, there is no evidence of a plea bargain, the Helms1 rule applies: “Where a plea of guilty is voluntarily and understanding*659ly made, all nonjurisdictional defects including claimed deprivation of federal due process are waived, (citations omitted).” (emphasis added). If, after the pretrial motion to suppress was overruled, appellant had pleaded guilty, without more, no issue would be presented. See Cleveland v. State, 588 S.W.2d 942 (Tex.Cr.App.1979); Prochaska, supra.
Since there was no evidence of a plea bargain, appellant could not appeal his search issue. Prochaska, supra; Helms, supra. However, appellant pleaded nolo contendere with the understanding that the search issue could be preserved for appeal. Therefore, his plea was not entered voluntarily or knowingly. Kilpper v. State, 491 S.W.2d 117 (Tex.Cr.App.1973).
The State’s motion for rehearing is denied.
. Helms v. State, 484 S.W.2d 925, 927 (Tex.Cr.App.1972).