Homer Lee Brown, Jr. v. The State of Texas--Appeal from 253rd District Court of Chambers County

State: Texas

Court: Texas Northern District Court

Docket No: 01-05-00854-CR

Case Date: 12/22/2005

Plaintiff: Miroslava Juliet Viamonte

Defendant: The State of Texas--Appeal from 184th District Court of Harris County

Preview:Homer Lee Brown, Jr. v. The State of Texas--Appeal from 253rd District Court of Chambers County
/**/ In The Court of Appeals For The First District of Texas ____________

NO. 01-05-00854-CR ____________

HOMER LEE BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 253rd Judicial District Court Chambers County, Texas Trial Court Cause No. 13230

MEMORANDUM OPINION Appellant pleaded guilty to the first degree felony offense of aggravated robbery and pleaded true to the allegations in two enhancement paragraphs. In accordance with appellant s plea bargain agreement with the state, the trial court sentenced appellant to confinement for 30 years with an affirmative finding that a deadly weapon was used during the commission of the offense. Appellant filed a timely 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

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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 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). We note that appellant also 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. All pending motions are denied as moot. PER CURIAM Panel consists of Justices Nuchia, Jennings, and Higley. Do not publish. Tex. R. App. P. 47.2(b).

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