Opinion
No. 01-04-01106-CR
Opinion Issued December 9, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 339th District Court Harris County, Texas, Trial Court Cause No. 991664.
Panel consists of Justices TAFT, JENNINGS, and BLAND.
MEMORANDUM OPINION
Appellant pleaded guilty to the offense of driving while intoxicated with a child passenger and true to the allegations in two enhancement paragraphs that he had two prior felony convictions. In accordance with the plea bargain agreement, the trial court sentenced appellant to confinement for 15 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). 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.