Alfred Curry Jr. v. The State of Texas--Appeal from 185th District Court of Harris County
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Opinion issued September 11, 2008 In The Court of Appeals For The First District of Texas ____________ NOS. 01-08-00536-CR 01-08-00537-CR ____________ ALFRED CURRY, JR. Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 185th District Court Harris County, Texas Trial Court Cause Nos. 1129243 and 1129244 MEMORANDUM OPINION We lack jurisdiction to hear these appeals. Appellant entered a guilty plea1 to two separate offenses of possession of a controlled substance and pleaded true to two 1 The record reflects that the appellant waived the right to have a court reporter record the plea proceedings. enhancement paragraphs. Along with his pleas of guilty, appellant, appellant s counsel, and the State signed a stipulation of evidence in each case which included the following statements: I intend to enter a plea of guilty and understand that the prosecutor will recommend that my punishment should be set at 25 years TDC; I agree to that recommendation . . . Further, I waive my right of appeal which I may have should the court accept the foregoing plea bargain agreement between myself and the prosecutor. The trial court s judgment is stamped, Appeal waived. No permission to appeal granted. Appellant did not request the trial court s permission to appeal any pre-trial matters, and the trial court did not give permission for appellant to appeal. Appellant gave notice of appeal. In accordance with the terms of appellant s plea bargain agreements with the State, the trial court sentenced appellant in each case to confinement for 25 years. On June 2, 2008, the trial court entered certifications of the defendant s right to appeal that state: I, judge of the trial court, certify this criminal case is a plea-bargain case, and the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a). The certifications contain the signature of the trial court judge, the defendant and the defendant s counsel. We conclude that the certifications of right of appeal filed by the trial court are supported by the record and that appellant has no right of appeal due to the agreed plea bargains. TEX. R. APP. P. 25.2(a). Because appellant has no right of appeal, we 2 must dismiss these appeals without further action. See Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). Accordingly, the appeals are dismissed for lack of jurisdiction. Any pending motions are denied as moot. PER CURIAM Panel consists of Justices Taft, Keyes, and Alcala. Do not publish. TEX. R. APP. P. 47.2(b).
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