“A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”
How later courts described this case
- “A court of appeals, while having jurisdiction to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis for the appeal.”
Written by the judges who cited it.
The opinion
Opinion issued September 24, 2015
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-15-00206-CR
———————————
CODY CRYMES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 253rd District Court
Chambers County, Texas
Trial Court Case No. 17166
MEMORANDUM OPINION
Appellant, Cody Crymes, pled guilty to the felony offense of sexual assault of a
child. The trial court found appellant guilty and, in accordance with the terms of
appellant’s plea bargain agreement with the State, sentenced appellant to ten years
deferred adjudication and imposed a fine of $1,500.00. Appellant filed a notice of
appeal. We dismiss the appeal.
In a plea bargain case, a defendant may only appeal those matters that were raised
by written motion filed and ruled on before trial or after getting the trial court’s
permission to appeal. TEX. CODE CRIM. PROC. ANN. art. 44.02 (West 2006); TEX. R.
APP. P. 25.2(a)(2). An appeal must be dismissed if a certification showing that the
defendant has the right of appeal has not been made part of the record. TEX. R. APP. P.
25.2(d).
Here, the trial court’s certification is included in the record on appeal. See id. The
trial court’s certification states that this is a plea bargain case and that the defendant has
no right of appeal. See id. at 25.2(a)(2). The record supports the trial court’s
certification. See Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Because
appellant has no right of appeal, we must dismiss this appeal. See Chavez v. State, 183
S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals, while having jurisdiction
to ascertain whether an appellant who plea-bargained is permitted to appeal by Rule
25.2(a)(2), must dismiss a prohibited appeal without further action, regardless of the basis
for the appeal.”).
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
2