Donald Wayne Davis v. State ( 2010 )

Opinion issued November 10, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00207-CR

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DONALD WAYNE DAVIS, Appellant

V.

The State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Case No. 1240256

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  Appellant, Donald Wayne Davis, pleaded guilty to the offense of burglary of a building with intent to commit theft, and the trial court, in accordance with his plea agreement with the State, sentenced him to confinement for 2 years.

          After the trial court sentenced appellant to a punishment that fell within the terms of the plea agreement, it certified that this case is a plea-bargained case and appellant has no right to appeal.  Although appellant timely filed a pro se notice of appeal, he does not appeal any pre-trial matters, and the trial court did not give him permission to appeal.

           We conclude that the trial court’s certification that appellant has no right of appeal, as shown on the form entitled “Trial Court’s Certification of Defendant’s Right of Appeal,” is supported by the record that shows that he entered into an agreed plea with the State.  Tex. R. App. P. 25.2(a)(2).  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, we dismiss the appeal for lack of jurisdiction.

          We deny any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.

Do not publish.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