Romel Craig Kennerson v. The State of Texas--Appeal from 232nd District Court of Harris County

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-06-00572-CR

01-06-00573-CR

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ROMEL CRAIG KENNERSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause Nos. 1067912 and 1067911

MEMORANDUM OPINION

Appellant pleaded guilty to the state jail felony offense of possession of cocaine in trial court cause number 1067911 and to the felony offense of possession of a firearm by a felon in trial court cause number 1067912, and in accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement in trial court case number 1067912 for two years and in trial court case number 1067911 for six months. Appellant filed a timely pro se notice of appeal in each case.

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 each case states that this is a plea-bargained case and appellant has no right to appeal. 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).

We note that appellant also waived in each case 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 appeals for lack of jurisdiction.

All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Keyes, Alcala, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).