James Edward Guzman v. The State of Texas--Appeal from 184th District Court of Harris County
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Opinion issued August 11, 2011. In The Court of Appeals For The First District of Texas ____________ NO. 01-11-00499-CR ____________ JAMES EDWARD GUZMAN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 184th District Court Harris County, Texas Trial Court Cause No. 1284084 MEMORANDUM OPINION Appellant, James Edward Guzman, pleaded guilty to the offense of assault of a family member, and, in accordance with his plea bargain agreement with the State, the trial court sentenced him to confinement for two years. Appellant filed a timely notice of appeal. We dismiss 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). Accordingly, we dismiss the appeal for lack of jurisdiction. We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Jennings, Bland, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).
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