Opinion

Lavern Mayfield Brown v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Feb 16, 2006
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-06-00017-CR

01-06-00073-CR

____________

LAVERN MAYFIELD BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause Nos. 1047599 and 1034349

MEMORANDUM OPINION

Appellant, Lavern Mayfield Brown, pleaded guilty to two separate felony

offenses of possession of a controlled substance in trial court cause numbers 1047599

and 1034349. In cause number 1034349, he pleaded true to the allegations in two

enhancement paragraphs that he had two prior felony convictions. In accordance with

his plea bargain agreements with the State, the trial court sentenced appellant to

confinement in each case for three years. Appellant filed timely notices of appeal.

We dismiss the cases 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 each case

states that this is a plea-bargained case and appellant has no right to appeal. The

record supports the correctness of the certifications. 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 waived his right to appeal in each case. 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.

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Alcala.

Do not publish.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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.