Opinion
No. 01-04-00086-CR
June 22, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 947389.
Panel consists of Justices NUCHIA, ALCALA, and HIGLEY.
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of aggravated assault and, in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for five 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. 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. In addition, the certification reflects that appellant waived his right to appeal. On March 18, 2004, we notified the parties by written order that the appeal would be dismissed unless an amended certification, showing that appellant had the right to appeal, was made part of the appellate record no later than April 8, 2004. Appellant's counsel, Q. Tate Williams, filed a motion for extension of time to file an amended certification that we granted to May 17, 2004. The appellate record has been supplemented with a clerk's record that includes a motion that appellant's counsel filed in the trial court "for permission to appeal and certification of right to appeal and/or nunc pro tunc." The trial court denied the motion on May 11, 2004. The appellate record has not been supplemented with an amended certification showing that appellant has the right to appeal. 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). The record in this case is clear that: (1) this was a plea-bargained case, (2) appellant waived his right to appeal, and (3) the trial court did not grant permission to appeal. The trial court's original certification is supported by the record in all respects. Accordingly, we dismiss the appeal for lack of jurisdiction. Appellant's third motion for extension of time to file the brief is denied as moot. It is so ORDERED.
See Buck v. State, 45 S.W.3d 275, 278 (Tex. App.-Houston [1st Dist.] 2001, no pet.).
See Waters v. State, 124 S.W.3d 825, 826 (Tex. App.-Houston [14th Dist.] 2003, no pet.) (opining that trial court's certification must be true and supported by the record).