“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 2 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 2 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 March 27, 2014
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-01050-CR
NO. 01-13-01051-CR
———————————
DAVID CLAYTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court
Harris County, Texas
Trial Court Case Nos. 1392006, 1399964
MEMORANDUM OPINION
Appellant, David Clayton, pleaded guilty to the state jail felony offense of
possession of a controlled substance in trial cause 1392006 and the third degree
felony of driving while intoxicated in trial cause 1399964. See TEX. HEALTH &
SAFETY CODE ANN. § 481.115(a), (b) (West 2010); TEX. PENAL CODE ANN.
§§ 49.04(a), 49.09(b) (West Supp. 2013). The trial court found appellant guilty of
each charge and, in accordance with the terms of appellant’s plea bargain
agreements with the State, sentenced appellant to confinement for three years.
Appellant filed a pro se notice of appeal. We dismiss the appeals.
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 certifications are included in the records on appeal.
See id. The trial court’s certifications state that these are plea bargain cases and
that the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The
records support 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 these appeals. 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
2
dismiss a prohibited appeal without further action, regardless of the basis for the
appeal.”).
Accordingly, we dismiss these appeals 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