SAUL ANTONIO ROMERO v. The State of Texas, Appellee

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Court of Appeals of Texas, Houston (1st Dist.).

----------- SAUL ANTONIO ROMERO, Appellant v. The State of Texas, Appellee

NO. 01-10-00786-CR

Decided: October 28, 2010

Panel consists of Justices Jennings, Alcala, and Sharp.


We lack jurisdiction to hear this appeal.   Appellant, Saul Antonio Romero, pleaded guilty to the offense of murder, and the trial court, in accordance with his plea agreement with the State, sentenced him to confinement for 15 years.

After the trial court sentenced appellant to a punishment that fell within the terms of the plea agreement, the trial court certified that this case is a plea-bargained case and he has no right to appeal.   Although appellant has timely filed a pro se notice of appeal, he does not appeal any pre-trial matters, and the trial court did not give appellant permission to appeal.

We conclude that the trial court's certification that appellant has no right of appeal, as shown on the form entitled “Trial Court's Certification of Defendant's Right of Appeal,” is supported by the record, which shows that he entered into an agreed plea with the State.   See Tex.R.App. P. 25.2(a)(2).   Because appellant has no right of appeal, we must dismiss this appeal “without further action.”  Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App.2006).

Accordingly, we dismiss the appeal for lack of jurisdiction.

We deny any pending motions as moot.


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