Minh Ngoc Nguyen v. The State of Texas--Appeal from 240th District Court of Fort Bend County

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-06-00863-CR

01-06-00864-CR

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MINH NGOC NGUYEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 40393 and 40394

MEMORANDUM OPINION

Appellant, Ming Ngoc Nguyen, pleaded guilty to two separate felony offenses of aggravated assault, and in accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement in trial court cause number 40394 for 20 years and in trial court cause number 40393 to 15 years. Appellant filed timely notices of appeal. We dismiss these appeals 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 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 his right to appeal in each case. See Buck v. State, 45 S.W.3d 275, 278 (Tex. App. Houston [1st Dist.] 2001, no pet.).

Accordingly, we dismiss these appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish.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