Esteban Perez v. The State of Texas--Appeal from 351st District Court of Harris County

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-05-00656-CR

01-05-00657-CR

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ESTEBAN PEREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause Nos. 1006913 and 1005942

MEMORANDUM OPINION

Appellant pleaded guilty to two separate felony offenses of aggravated sexual assault of a child and, in accordance with a plea bargain agreements with the State, the trial court sentenced appellant to confinement in each case for 10 years. 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 in each case waived 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 Taft, Higley, and Bland.

Do not publish.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