The opinion
Opinion issued November 21, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-13-00726-CR
____________
JUSTIN NAQUIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 176th District Court
Harris County, Texas
Trial Court Cause No. 1389803
MEMORANDUM OPINION
Pursuant to a plea-bargain agreement with the State, Justin Naquin pleaded
guilty to the offense of aggravated assault with a deadly weapon.1 The trial court
accepted the plea agreement and sentenced Naquin to 15 years in prison and
certified that this is a plea-bargain case and there is no right to appeal. Less than 30
days later, appellant filed a pro se notice of appeal.
In a plea bargain case—that is, a case in which a defendant’s plea was guilty
or nolo contendere and the punishment did not exceed the punishment
recommended by the prosecutor and agreed to by the defendant—a defendant may
appeal only those matters that were raised by written motion and ruled on before
trial, or after getting the trial court’s permission to appeal. TEX. R. APP. P.
25.2(a)(2).
The record reflects that Naquin pleaded guilty to the charged offense and the
trial court assessed the punishment recommended by the State and to which
appellant had agreed. See TEX. R. APP. P. 25.2(a)(2). Appellant does not complain
about the trial court’s ruling on a pretrial motion, nor does he have the trial court’s
permission to appeal. See id.
Accordingly, we dismiss the appeal for want of jurisdiction. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Jennings, Sharp and Brown.
1
See TEX. PENAL CODE ANN. § 22.02(a)(2)(West Supp. 2013).
2
Do not publish. TEX. R. APP. P. 47.2(b).
3