David Andrew Simpson v. State ( 2010 )

Opinion issued July 29, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00244-CR

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david andrew simpson, Appellant

V.

The State of Texas, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Case No. 1237603

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal.  Appellant, David Andrew Simpson, pleaded guilty to the offense of driving while intoxicated, third offense, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for six years.  

          After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a plea-bargain case and the defendant has no right to appeal. Appellant did not request the trial court’s permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal.  Appellant filed a timely pro se notice of appeal. 

          We conclude that the certification of right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargain.  Tex. R. App. P. 25.2(a).  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, the appeal is dismissed for lack of jurisdiction.

          We deny any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Massengale.

Do not publish.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