Rayford Dwayne Coleman v. State ( 2010 )

Opinion issued November 4, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00691-CR

NO. 01-10-00692-CR

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RAYFORD DWAYNE COLEMAN, Appellant

V.

The State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Case No. 1204264 and 1237959

MEMORANDUM OPINION

          We lack jurisdiction to hear these appeals.  Appellant, Rayford Dwayne Coleman, pleaded guilty to the offenses of possession with intent to deliver a controlled substance, and the trial court, in accordance with his plea agreements with the State, sentenced him to confinement for 17 years.  

          After the trial court sentenced appellant to a punishment that fell within the terms of the plea agreements, it certified that these cases are plea-bargained cases and appellant has no right to appeal.  Although appellant filed a timely 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 certifications 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 records that show that he entered into agreed pleas with the State.  Tex. R. App. P. 25.2(a)(2).  Because appellant has no right of appeal, we must dismiss these appeals “without further action.”  Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

          Accordingly, we dismiss the appeals 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Do not publish.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).