James Deanda v. The State of Texas--Appeal from 185th District Court of Harris County

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Opinion issued November 18, 2010 In The Court of Appeals For The First District of Texas ———————————— NO. 01-10-00827-CR ——————————— JAMES DEANDA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 185th District Court Harris County, Texas Trial Court Case No. 1261465 MEMORANDUM OPINION We lack jurisdiction to hear this appeal. Appellant, James Deanda, pleaded guilty to the offense of felon in possession of a weapon, and in accordance with his plea agreement with the State, the trial court sentenced appellant to confinement for 2 years. After the trial court sentenced appellant to punishment that fell within the terms of the plea bargain agreement, the trial court certified that this case is a pleabargain case and the defendant has no right to appeal. Appellant did not appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant filed a timely pro se notice of appeal. We conclude that the trial court’s certification that appellant has no right of appeal, as shown on the form entitled “Trial Court’s Certification of Defendant’s Right of Appeal,” is supported by the record that shows he entered into an agreed plea bargain with the State. TEX. R. APP. P. 25.2(a)(2). Because appellant has no right of appeal, we must dismiss this appeal “without further action.” Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). Accordingly, the appeal is dismissed for lack of jurisdiction. We deny any pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Higley, and Bland. Do not publish. TEX. R. APP. P. 47.2(b). 2

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