Jerold Gaut v. The State of Texas--Appeal from 71st District Court of Harrison County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00045-CR

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JEROLD GAUT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court No. 97-0048X

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Jerold Gaut appeals from his aggravated sexual assault conviction on his plea of guilty under a plea agreement. The trial court set punishment at twenty-five years' imprisonment, in accordance with the terms of the plea agreement. The trial court filed a certification of Gaut's right of appeal in accordance with Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure, stating that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2).

We have jurisdiction to determine whether we have jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Gaut entered into a plea agreement that the trial court did not exceed at sentencing. Under Rule 25.2(a)(2), Gaut was entitled to appeal only "those matters that were raised by written motion filed and ruled on before trial" or "after getting the trial court's permission to appeal." Neither of those conditions appear, and the trial court certified that Gaut has no right of appeal. See Comb v. State, 101 S.W.3d 724, 725 (Tex. App. Houston [1st Dist.] 2003, no pet.).

Because we lack jurisdiction, we dismiss this appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: February 15, 2005

Date Decided: February 16, 2005

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