“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 April 8, 2014
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00382-CR
———————————
RONALD LEE LAYMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 239th District Court
Brazoria County, Texas
Trial Court Case No. 68809
MEMORANDUM OPINION
Appellant, Ronald Lee Layman, pleaded guilty to the felony offense of
driving while intoxicated—third or more.1 The trial court found Layman guilty
and, in accordance with the terms of his plea bargain agreement with the State,
1
See TEX. PENAL CODE ANN. § 49.09(b)(2) (West 2011).
sentenced him to four years of community supervision and assessed a $500 fine.
Acting pro se, Layman filed a notice of appeal. The State has filed a motion to
dismiss this appeal for want of jurisdiction. We grant the State’s motion and
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. See 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. See 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 TEX. R. APP. P. 25.2(a)(2). Appellant did not
appeal any pre-trial matters, and the trial court did not give permission for
appellant to appeal. 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.”).
2
Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any
pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3