Steven Wesley Roberts v. State ( 2005 )

In The

Court of Appeals

For The  

First District of Texas

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NOS. 01-04-01202-CR

          01-04-01203-CR

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STEVEN WESLEY ROBERTS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause Nos. 994946 and 994947

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MEMORANDUM OPINION

               Appellant pleaded guilty to: (1) possession of more than four grams and less than 200 grams of phencyclidine and (2) felon in possession of a weapon. In accordance with a plea bargain agreement, the trial court sentenced appellant to confinement for three years in each case. Appellant filed a timely notice of appeal that included both cause numbers. We dismiss for lack of jurisdiction.

               In a plea-bargained case in which the punishment assessed does not exceed the plea agreement, a defendant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after obtaining the trial court’s permission to appeal. Griffin v. State, 145 S.W.3d 645, 648-49 (Tex. Crim. App. 2004); Cooper v. State, 45 S.W.3d 77, 80 (Tex. Crim. App. 2001); Tex. R. App. P. 25.2(a)(2).

               The trial court’s certification of appellant’s right to appeal states in each case that this is a plea-bargained case and appellant has no right to appeal. The record supports the certifications. We must dismiss an appeal if the trial court’s certification shows there is no right to appeal. See Tex. R. App. P. 25.2(d).

               We note that appellant also waived his right to appeal in each case. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.—Houston [1st Dist.] 2001, no pet.).

               Accordingly, we dismiss the appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).