Leon DeCharles Jones v. The State of Texas--Appeal from 185th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-04-00873-CR

Case Date: 12/02/2004

Plaintiff: Leon DeCharles Jones

Defendant: The State of Texas--Appeal from 185th District Court of Harris County

Preview:Leon DeCharles Jones v. The State of Texas--Appeal from 185th District Court of Harris County
/**/ In The Court of Appeals For The First District of Texas ____________

NO. 01-04-00873-CR ____________

LEON DeCHARLES JONES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 975244

MEMORANDUM OPINION Appellant pleaded guilty to the offense of possession of more than 400 grams of codeine. As part of the plea bargain agreement, the State moved to abandon an enhancement paragraph that stated appellant had a prior felony conviction. In accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for five 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

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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 certification. 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. All pending motions are denied as moot. PER CURIAM Panel consists of Chief Justice Radack, and Justices Keyes and Alcala. Do not publish. Tex. R. App. P. 47.2(b).

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