Jacob Brent Smith v. State ( 2010 )

Opinion issued September 23, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00392-CR

NO. 01-10-00393-CR

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JACOB BRENT SMITH, Appellant

V.

The State of Texas, Appellee

On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Case No. 1243642 and 1253523

MEMORANDUM OPINION

          We lack jurisdiction to hear these appeals.  Appellant, Jacob Brent Smith, pleaded guilty to the offenses of felon in possession of a firearm and possession of a controlled substance, and in accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement for 7 years.  

          After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreements, the trial court certified that each case is a plea-bargain case and the defendant has no right to appeal. Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal.  Appellant filed timely pro se notices of 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,” are supported by the records that shows he entered into agreed plea bargains 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, these appeals are dismissed for lack of jurisdiction.

          We deny any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Bland and Sharp.

Do not publish.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