“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 August 2, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00483-CR
____________
TIMOTHY WAYNE MANSKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 177th District Court
Harris County, Texas
Trial Court Cause No. 1325581
MEMORANDUM OPINION
Appellant, Timothy Wayne Mansker, pleaded guilty to the felony offense of
failure to comply with sex offender registration requirements.1 The trial court
found appellant guilty and, in accordance with the terms of appellant’s plea bargain
1
See TEX. CODE CRIM. PROC. ANN. art. 62.102(a), (b)(3) (West 2006).
agreement with the State, sentenced appellant to confinement for 2 years in the
Institutional Division of the Texas Department of Criminal Justice. Appellant filed
a notice of appeal. We dismiss the appeal.
In a plea bargain case, a defendant may appeal only 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. 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 TEX. R. APP. P. 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 all
pending motions as moot.
2
PER CURIAM
Panel consists of Justices Bland, Massengale, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3