Daniel Lee Allison v. State

In The Court of Appeals For The First District of Texas ____________ NO. 01-04-01008-CR ____________ DANIEL LEE ALLISON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 262nd District Court Harris County, Texas Trial Court Cause No. 864548 MEMORANDUM OPINION Appellant pleaded guilty to the offense of aggravated assault and, in accordance with a plea bargain agreement with the State, the trial court deferred adjudication and placed appellant on community supervision for 10 years and assessed a fine of $500. The State subsequently filed a motion to adjudicate guilt to which appellant pleaded true with a plea agreement of confinement for four years and a $500 fine. The trial court followed this agreement in pronouncing sentence. Appellant filed a timely pro se notice of appeal. Rule 25.2(a) of the Texas Rules of Appellate Procedure provides that, 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). Appellant pleaded guilty to the charge; he entered into a punishment agreement with the State when he was adjudged guilty; and the trial court did not exceed that agreement at sentencing. This appeal is therefore limited by Rule 25.2(a). Comb v. State, 101 S.W.3d 724, 725-26 (Tex. App.—Houston [1st Dist.] 2003, no pet.); see also Teel v. State, 104 S.W.3d 266, 267-68 (Tex. App.—Beaumont 2003, no pet.). The trial court’s certification of defendant’s right of appeal states that this is a plea-bargained case, and the defendant has no right of appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal for lack of jurisdiction. PER CURIAM Panel consists of Justices Taft, Jennings, and Bland. Do not publish. Tex. R. App. P. 47.2(b).