CAMPBELL v. STATE

Nos. 14-16-00989-CR, 14-16-00990-CR.

CHARLES EDWARD CAMPBELL, Appellant, v. THE STATE OF TEXAS, Appellee.

Court of Appeals of Texas, Fourteenth District, Houston.


Attorney(s) appearing for the Case

Kim K. Ogg , Eric Kugler , for State of Texas.

Melissa Martin , for Charles Edward Campbell, Appellant.

Panel consists of Justices Christopher, Busby, and Jewell.


Do Not Publish — Tex. R. App. P. 47.2(b).

MEMORANDUM OPINION

PER CURIAM.

Appellant was indicted for aggravated kidnapping and possession of a controlled substance with intent to deliver. Pursuant to a charge bargain, the State agreed to dismiss two other cases (one charging aggravated robbery and the other charging aggravated kidnapping) and abandon one enhancement paragraph on the possession charge in exchange for appellant's guilty plea. The trial court sentenced appellant to 35 years in prison on each charge and certified appellant had no right to appeal due to the plea bargain. Appellant filed a timely notice of appeal. We dismiss the appeals.

Because this is a charge-bargain case, appellant has the right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2), only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after receiving the trial court's permission to appeal. Kennedy v. State, 297 S.W.3d 338, 340-41 (Tex. Crim. App. 2009); see also Shankle v. State, 119 S.W.3d 808, 812-13 (Tex. Crim. App. 2003) (holding that charge bargain that "effectively puts a cap on punishment" is a bargain governed by rule of appellate procedure 25.2(a)(2)). The record does not reflect the trial court's permission to appeal or any pretrial motions that could be appealed.

The trial court's certifications are included in the records on appeal. See Tex. R. App. P. 25.2(d). The records support the certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).

Accordingly, we dismiss the appeals.


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