Gary Dean Holland v. The State of Texas--Appeal from 209th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-07-00131-CR

Case Date: 05/31/2007

Plaintiff: Kenneth Bernard Scott, Jr.

Defendant: The State of Texas--Appeal from 263rd District Court of Harris County

Preview:Gary Dean Holland v. The State of Texas--Appeal from
209th District Court of Harris County
In The
Court of Appeals
For The
First District of Texas
NO. 01-07-00131-CR
GARY DEAN HOLLAND, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 209th District Court
Harris County, Texas
Trial Court Cause No. 1092410
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of burglary of a habitation with intent to commit assault and, in accordance
with the plea bargain agreement, the trial court sentenced appellant to confinement for two years. Appellant filed a
timely pro se notice of appeal. We dismiss for lack of jurisdiction.
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. Griffin v. State, 145 S.W.3d 645, 648-49 (Tex. Crim. App. 2004); Cooper v. State, 45
S.W.3d 77, 80 (Tex. Crim. App. 2001); Tex. R. App. P. 25.2(a)(2).
The trial court's certification of appellant's right to appeal in this case states that this is a plea-bargained case and
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appellant has no right to appeal. The record supports the correctness of the certification. Dears v. State, 154 S.W.3d
610, 614-15 (Tex. Crim. App. 2005). We must dismiss an appeal if the trial court's certification shows there is no right
to appeal. See Tex. R. App. P. 25.2(d).
Accordingly, we dismiss the appeal for lack of jurisdiction.
Any pending motions are denied as moot.
PER CURIAM
Panel consists of Justices Nuchia, Hanks, and Bland.
Do not publish.
Tex. R. App. P. 47.2(b).
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