Joe Everett Foster, Jr. v. State

Opinion issued May

12, 2011

In

The

Court of Appeals

For The

First District of

Texas

NO. 01-09-00564-CR

____________

JOE EVERETT FOSTER, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th

District Court

Harris County, Texas

Trial Court Cause No. 1177846

MEMORANDUM

OPINION

Appellant,

Joe Everett Foster, Jr., pleaded guilty to the offense of aggravated robbery

with a deadly weapon, without an agreed recommendation by the State as to

sentencing. The trial court found

appellant guilty, and sentenced appellant to 15 years’ confinement. Appellant filed a pro se 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(a)(2)(d).

Here, the trial court’s certification

is included in the record on appeal. See

Tex. R. App. P. 25.2(d). The trial court’s certification states that the

defendant has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2). 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. All pending

motions are dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp

and Brown.

Do not publish.

Tex. R. App. P. 47.2( b).