Charles Ray Garrett, Jr. v. The State of Texas--Appeal from 248th District Court of Harris County

11th Court of Appeals

Eastland, Texas

Opinion

Charles Ray Garrett, Jr.

Appellant

Vs. No. 11-03-00189-CR -- Appeal from Harris County

State of Texas

Appellee

The trial court convicted appellant, upon his plea of guilty, of possession of more than one gram but less than four grams of cocaine. Pursuant to the plea bargain agreement, the trial court assessed punishment at confinement for two years. We dismiss the appeal.

Upon reviewing the clerk=s record in this case, we note that appellant timely filed a general notice of appeal but that the certification of appeal does not reflect that appellant has a right of appeal. See TEX.R.APP.P. 25.2. The certification of appeal reflects that the trial court determined that there was a plea bargain, that Athe defendant has NO right of appeal,@ and that the trial court has not given permission to appeal. There were no pretrial motions filed in this case other than appellant=s motion to substitute counsel, which the trial court granted. Therefore, pursuant to Rule 25.2(d), the appeal Amust be dismissed.@

The appeal is dismissed.

PER CURIAM

July 31, 2003

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.