The opinion
Opinion issued October 18, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00528-CR
NO. 01-12-00714-CR
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TYRONE DAVIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Cause No. 1245051 & 1245052
MEMORANDUM OPINION
Appellant, Tyrone Davis, pleaded guilty to the felony offense of indecency
with a child by contact1 in trial court cause 1245052 and the felony offense of
1
See TEX. PENAL CODE ANN. § 21.11(a)(1) (West 2011).
aggravated sexual assault of a child2 in trial court cause 1245051. The trial court
found appellant guilty of each charge and, in accordance with the terms of
appellant’s plea agreement with the State, sentenced appellant to confinement for
ten years in the Institutional Division of the Texas Department of Criminal Justice.
Appellant filed a pro se notice of appeal. We dismiss the appeals.
In a plea-bargained 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-bargained cases and
the defendant has no right of appeal. See TEX. R. APP. P. 25.2(a)(2). The records
support the trial court’s certifications. 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
See TEX. PENAL CODE ANN. § 22.021(a)(1)(B)(ii), (a)(2)(B) (West Supp. 2012).
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
all pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3