Alejandro Garcia v. The State of Texas--Appeal from 176th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-03-01183-CR

Case Date: 01/15/2004

Plaintiff: Alejandro Garcia

Defendant: The State of Texas--Appeal from 176th District Court of Harris County

Preview:Alejandro Garcia v. The State of Texas--Appeal from 176th District Court of Harris County
/**/ In The Court of Appeals For The First District of Texas ____________

NO. 01-03-01183-CR ____________

ALEJANDRO LOPEZ GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court Harris County, Texas Trial Court Cause No. 939425

MEMORANDUM OPINION Appellant pleaded guilty to felony driving while intoxicated and, in accordance with the plea bargain agreement between appellant and the State, the trial court sentenced appellant to confinement for 15 years. A timely pro se notice of appeal was filed. We dismiss for lack of jurisdiction. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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. Tex. R. App. P. 25.2(a)(2).

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The trial court s certification of defendant s right to appeal in this case states that this is a plea-bargained case and the defendant has no right to appeal. We must dismiss an appeal unless the record includes a certification that shows the appellant has the right of appeal. See Tex. R. App. P. 25.2(d). We also note that appellant waived his right to appeal. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App. Houston [1st Dist.] 2001, no pet.). Accordingly, we dismiss the appeal for lack of jurisdiction. PER CURIAM Panel consists of Justices Nuchia, Alcala, and Hanks. Do not publish. Tex. R. App. P. 47.2(b).

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