Opinion
No. 01-05-00781-CR
March 16,2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 263rd District Court, Harris County, Texas, Trial Court Cause No. 1004183.
Panel consists of Justices NUCHIA, KEYES, and HANKS.
MEMORANDUM OPINION
Appellant pleaded guilty to the felony offense of driving while intoxicated third offender and pleaded true to two enhancement paragraphs. The trial court proceeded to find appellant guilty and, in accordance with appellant's plea bargain agreement with the state, assessed punishment at confinement for two years. In accordance with his plea bargain agreement with the state, the trial court sentenced appellant to confinement for two years. Appellant filed a timely pro se notice of appeal . 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); 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). 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. Despite having waived the right to appeal, appellant filed a pro se notice of appeal. There is nothing in the record indicating that appellant's waiver of his right to appeal was not voluntarily, knowingly, and intelligently made. There is also nothing indicating that the trial court gave his consent for an appeal. In fact, the contrary is true. The trial court's judgment is stamped, "Appeal waived. No permission to appeal granted." See Buck v. State, 45 S.W.3d 275, 278 (Tex.App.-Houston [1st Dist.] 2001, no pet.). We note that pro se appellant filed a brief before the record was filed in this appeal. After receiving the record for this case he filed a motion to withdraw his pro se brief. The State filed a brief in response to the pro se brief requests that this Court dismiss the appeal for lack of jurisdiction. 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). Accordingly, we dismiss the appeal for lack of jurisdiction. All pending motions are dismissed as moot.