Michael Shane Messer v. The State of Texas--Appeal from 179th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-04-01049-CR

Case Date: 12/02/2004

Plaintiff: Christie Patrick and Ed Billings

Defendant: Mid-Continent Casualty Company--Appeal from 270th District Court of Harris County

Preview:Michael Shane Messer v. The State of Texas--Appeal
from 179th District Court of Harris County
/**/
In The
Court of Appeals
For The
First District of Texas
NO. 01-04-01049-CR
MICHAEL SHANE MESSER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Cause No. 1001259
MEMORANDUM OPINION
Appellant, Michael Shane Messer, pleaded guilty to the offense of possession of a firearm by a felon and, in
accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for two years. 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
S.W.3d 77, 80 (Tex. Crim. App. 2001); Tex. R. App. P. 25.2(a)(2).
file:///C|/Users/Peter/Desktop/opinions/PDFs1/81193.html[8/20/2013 8:21:57 PM]

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).
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.
PER CURIAM
Panel consists of Justices Taft, Jennings, and Bland.
Do not publish. Tex. R. App. P. 47.2(b).
file:///C|/Users/Peter/Desktop/opinions/PDFs1/81193.html[8/20/2013 8:21:57 PM]

Download 81193.pdf